Court settlement calls for EPA to set emission standards for 28 industries

Here is another example of how the administration is using regulation over legislation as a means of forcefully enacting Cap & Trade.

Combined with another little know provision in the Clean Air Act -- the Integrated Urban Air Toxics Strategy -- in which small "Mom & Pop" businesses will also become a target of the EPA, the below "consent decree" will allow the ever growing power of the EPA to enact even more restrictions on private industries through regulation....

From Earth Justice -- (emphasis added)

The U.S. Environmental Protection Agency has now agreed to review and make all necessary updates to hazardous air pollution rules covering 28 types of industrial facilities, including pesticide production operations, lead smelters, aerospace facilities and pharmaceutical plants, among others. The proposed consent decree lodged today in federal court is the result of a Jan. 2009 lawsuit filed by Earthjustice on behalf of Sierra Club, which sought to end years of delay by the Bush administration in updating air pollution rules for industries that pollute neighborhoods with toxic emissions.

"For too many years, Americans have waited for the EPA to update and strengthen these standards. Now EPA Administrator Lisa Jackson is committing to act on a long list of air toxics standards to protect people from serious health problems caused by air pollution," said Jane Williams, Chair of the Sierra Club National Air Toxics Taskforce. "We applaud her decision to take action so that people exposed every day to toxic industrial pollution will finally have the chance to receive the basic health protections promised by the Clean Air Act."

The industries affected by this settlement emit hazardous air pollutants which are associated with cancer, birth defects, anemia, lung and respiratory harm, damage to the nervous system, and other health disorders as well as environmental damage like contamination of the natural food chain.

There will be a public comment period and final agency review for the proposed agreement before the EPA and Sierra Club submit the final agreement to the Court for approval later this year. The EPA will be scheduled to take the first action under the agreement by mid-September 2010, and additional rulemakings on toxic air pollution standards for various industries will follow regularly over the next few years.

The EPA is required by the Clean Air Act to set industry air pollution standards that are up-to-date. The EPA must ensure that the standards reflect newly available technology and provide ample protection for human health and the environment. The EPA missed the mandatory 8-year review deadline to evaluate the "residual risk," that is, the remaining risk to public health and to the environment that is not addressed by emission standards on the books created years ago. As a result, numerous standards may be too weak or too technologically outdated to provide the public protections that are legally required under the Clean Air Act.

Details of the proposed decree:

• The U.S. EPA will review and, as necessary, revise the national emission standards for hazardous air pollution to control toxic air emissions for 28 industrial sources, hold a public rulemaking and issue a final determination as required by law.

• The agency also will hold a rulemaking to set "residual risk" safety standards if required to protect public health and the environment.

• The U.S. EPA will begin taking action this September and will complete all rulemakings in the next few years.

• For each of the 28 industrial categories covered by the agreement, the public will have the ability to review the EPA's proposed rule or determination and offer comments to ensure that the agency hears fully from local communities.

• The U.S. Environmental Protection Agency will soon publish a notice in the Federal Register and accept public comments regarding the proposed consent decree.

To review the decree visit: http://www.earthjustice.org/library/legal_docs/sierra-club-112-final-cdpdf.pdf

Contact:
Jane Williams, Sierra Club, (661) 256-2101
Emma Cheuse, Earthjustice, (202) 667-4500, ext. 220
Jim Pew, Earthjustice, (202) 667-4500, ext. 214
Raviya Ismail, Earthjustice, (202) 667-4500, ext. 221

Administration Refuses to Release 2010 Enrollment Data for Medicare Programs

One can only wonder why the Administration is guarding this information. Could an upcoming November election and the prospect of losing a Majority in the House & the Senate when the truth is revealed be causing them to drag their feet?

From the House Energy & Commerce Committee (emphasis added)

WASHINGTON – U.S. Reps. Joe Barton, R-Texas, ranking member of the House Energy and Commerce Committee, and Michael Burgess, R-Texas, ranking member of the Oversight and Investigations Subcommittee, today asked Marilyn Tavenner, acting administrator, Centers for Medicare and Medicaid Services, to submit to Congress district-level 2010 enrollment data for Medicare Part D, Medicare Advantage and fee-for-service Medicare.

CMS traditionally provides this information to Congress but it has been 14 months since Congress last received information.

“With less than five months until open enrollment for 2011, we have serious concerns that you have not provided us with the 2010 enrollment data,” the lawmakers wrote. “We are particularly concerned by this lack of transparency since the health reform law, according to the CMS Office of the Actuary, will ultimately reduce enrollment in Medicare Advantage by 50 percent. Given this projected drastic shift in Medicare enrollment, it is important that members have the most current enrollment data for the beneficiaries in their districts in order to carefully monitor the impact of health reform on their constituents from year to year.”

A copy of the letter can be found here.

U.S. Rep. Joe Barton, ranking member of the Energy and Commerce Committee, has also released an implementation timeline on ObamaCare. Click here for a copy

Tea Party Patriots Boot Camp in Your Home

Dear Fellow Tea Party Patriots,

We hope you had a wonderful Independence Day! Yesterday, Tea Party Patriots and the Leadership Institute announced the launch of TeaPartyTraining.org. We think you are going to love this training program! It is online and you can get the training right in your home, as you have indicated to you us that you would like to be able to do. In the next week, you will see an email from us outlining webinars and forums you can participate in online to go along with the training. This will give you an online community, much like what you would have in an traditional classroom, to interact and bounce ideas off of one another.

Yesterday's launch included 12 online training videos geared toward grassroots activism. The training will constantly be updated according to your feedback. With the help of the Leadership Institute, we will add additional training videos in coming weeks and months. We are working to add Founding Principles training as well.

So, be sure to check out the training at www.TeaPartyTraining.org. The press release announcing the launch is below and a list of Frequently Asked Questions is below that.

Let us know what you think of the training. After each online video, you can give specific feedback so we know what is working and where we can improve. If you find the training informative and useful, be sure to forward this email and links to the training site to your own circle of influence.

(Please forgive any typos. They are the sole responsibility of Jenny Beth Martin. Thanks!)

Tea Party Patriots Step Beyond High-Profile Protests

and

Directly into Public Policy Battle

Online Training to Transform Passionate Tea Party Protesters

into Grassroots Leaders

Arlington, VA (July 4, 2010) - Jenny Beth Martin, Co-Founder and National Coordinator of Tea Party Patriots, in partnership with the Leadership Institute, today announces the launch of www.TeaPartyTraining.org, an online grassroots activist training initiative.

A growing number of Americans feel that their interests are no longer represented by those in public office. Tea Party Patriot members are ready to go beyond their participation in high-profile protests to become actively involved in shaping public policy.

Mark Meckler, Co-Founder and National Coordinator of Tea Party Patriots, says, "The training that the Leadership Institute now offers our members will accelerate the process of reclaiming this country according to our three core principles of fiscal responsibility, constitutionally limited government, and free markets."

Founded in 1979, the Leadership Institute is one of the nation's largest and most experienced political training organizations and is uniquely equipped to handle the challenge of offering training to the country's largest Tea Party group.

David Fenner, Vice President of Training Programs at Leadership Institute says, "The partnership between the two organizations is a natural fit. The Patriots bring fresh passion and dedication and the Leadership Institute offers over 30 years of political training experience."

For more information on Tea Party training powered by the Leadership Institute please visit www.TeaPartyTraining.org.

TeaPartyTraing.org FAQs

Is there a cost for this training?

While there is no cost to access www.TeaPartyTraining.org, your financial support of the Leadership Institute will enable many more conservative activists to be trained.

Please visit www.LeadershipInstitute.org/. Contribute to help train conservative activists to fight for the principles that made this country great.

How do I access the training?

Please visit www.TeaPartyTraining.org to sign in using your contact information.

Will I be able to ask questions during or after the online training?

At this time, you will not be able to ask the speakers questions during the online training. As The Leadership Institute continues to improve its online training program, this may be an option in the near future. However, please feel free to contact The Leadership Institute with any questions or comments you may have regarding the information presented in the training videos.

How are the Leadership Institute and Tea Party Patriots affiliated?

The Leadership Institute and Tea Party Patriots have partnered to offer online grassroots activist training to members of Tea Party Patriots.

Can I pause the training videos?

Yes, you will be able to pause and play the training videos at your convenience.

Who are the trainers?

Leadership Institute trainers are experts in their respective fields. They generously volunteer their time and expertise in order to assist the Leadership Institute in achieving the mission to increase the number and effectiveness of conservative activists in the public policy process.

What will I learn? What topics are covered?

By participating in the training at www.TeaPartyTraining.org you will learn from political experts practical skills that will enable you to shape public policy and reclaim this country's founding principles.

Currently, www.TeaPartyTraining.org gives you the tools you will need to raise money for your cause or candidate, impact your government through direct participation, sell your message and achieve buy-in from your supporters, and run a successful campaign for elected office.

A New Money Machine for Policy Makers: The Plastic Bag Tax

When first reading the headline about taxing plastic bags I thought what a novel idea. Surely we could support a tax that would promote limiting the "plastic faced bag" of the left -- Nancy Pelosi.

Upon further reading it was discovered this is really just another "money-grabbing" sin tax....

From ABC News --

Who knew the lightweight disposable sacks, which millions of shoppers use every day to lug home groceries and take-out, could help states bring in much needed revenue.

Starting next year, Seattle residents will pay for disposable bags at stores.

At least, that's what some policymakers have proposed. Only one US city – Washington, D.C. – has successful instituted a plastic bag tax, but at least 13 other states are considering one.

The plastic bag tax represents an expansion of so-called sin taxes, which have existed, in some form, since George Washington's whiskey tax.

This year, several states have increased sin taxes, especially cigarette taxes, to raise revenues. But more plastic bag taxes seem unlikely – two cities, Fairbanks, Alaska, and Seattle, Wash., have both repealed plastic bag taxes shortly after approving them in recent years. More...

We would still support a Anti-Pelosi Tax!

Butler County GOP Supports Immigration Reform for OH

It sure is nice to see a county Republican party from OH being proactive in the fight against illegal immigration....

From the Fairfield -Echo --

The Butler County GOP passed a resolution at its organizational meeting Wednesday, June 30, commending Sheriff Richard Jones and State Rep. Courtney Combs for their efforts regarding immigration reform.

In the resolution, party members praised Jones and Combs for their efforts to secure the nation’s border and added that “this part commits to assist them in that goal.”

Jones and Combs have vowed to bring immigration reform to Ohio by putting a citizens initiative before the Ohio General Assembly next year. If lawmakers don’t act on it, the issue could go to voters in November 2011.

Their goal is a bill in Ohio that “mirrors” the Arizona law that requires local law enforcement to question anyone detained in the enforcement of another law about his or her immigration status if there’s reasonable suspicion that person is in the country illegally.

If you are aware of another Republican or Democrat county party standing up for OH residents by combating illegal immigration please notify us so they too can be commended.

For Tea Party & 9.12 members that have recently joined Central and/or Executive Committee positions on a county party, ask that your county party do the same.

Locally, we will be asking the candidates running for Cuyahoga County Executive their position on illegal immigration -- Should the Federal Immigration Laws be enforced? Do they support the above initiative?

Seeing that some of the candidates for County Executive are either unkowns (Lanci & Voinovich), bought & paid for by the local unions (Fitzgerald) or a liberal in conservative clothing (Dolan), it is important we know where they stand on this important issue and what they will do about it if elected.

Happy 4th of July

How does Ohio Immigration Law Differ from AZ?

The answer -- prior to AZ passing a state law on immigration -- would be not much. Since OH does not have a state law on immigration we would be governed by the federal immigration laws as stated below by the Lake County Sheriff's Office.

You will see other than putting the power of enforcing immigration in the hands of the state, that even though OH does not have an immigration law on the books there is still not much difference between AZ's law and the federal law.

From the News Herald --

With so much attention focused on Arizona's new immigration law, some have asked how it differs from enforcement in Ohio.

Capt. Lonnie Sparkman of the Lake County Sheriff's Office said the laws are not that different because both mirror federal laws.

To be more specific, Ohio does not have a state immigration law. It operates under the federal law. Arizona recently passed a state law that is, in some ways, more stringent.

The Arizona law requires police to determine the immigration status of someone if that person has been stopped, detained or arrested on another crime and if a "reasonable suspicion exists that the person is an alien and is unlawfully present in the United States."

The law also requires that people have immigration papers with them. However, officers can only ask for immigration papers under the previously described conditions.

While Ohio law does not require officers to ask about immigration status, Sparkman said Ohio law officers can inquire about immigration status under the same circumstances.

Originally, the Arizona law said officers had to ask about immigration status if there was reasonable suspicion during any "lawful contact." The law was rephrased after a Phoenix police officer sued, saying that he would need to ask it of children on their way to and from school.

That unrevised law would have differed significantly from Ohio's.

Arizona lawmakers reworded it so people had to be stopped, detained or arrested for another crime before they could be asked of their immigration status.

Lake County Sheriff Daniel Dunlap stressed that his department does not make pretextual stops, meaning that deputies do not pull people over because they think the drivers are in the country illegally.

However, Dunlap said, if a person has been pulled over and they do not have identification, they may inquire as to legal status.

"If there's a traffic offense or a reasonable suspicion of a crime, we will stop you. And what is the first thing that authorities ask for when you're pulled over? Driver's license and registration," Dunlap said.

If the Lake County Sheriff's Office identifies someone as being in the country illegally, it will contact a federal enforcement agency, either Immigration and Customs Enforcement or U.S. Customs and Border Protection.

Dunlap said most people carry some identification with them, and it is rarely an issue.

"It's a pretty low percentage of people who get picked up and don't have papers, much smaller than you'd think," he said.

Support AZ by asking your City Council or Township Trustees to pass a Resolution supporting AZ and their right to protect their own borders. If you do, please email us at clevelandteaparty@gmail.com so we can help support your efforts.

Please click here for a template of a Resolution you can submit to your City Council or Township Trustees.