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U.S. Constitution Title: Arizona lawmaker, AG revolt against federal greenhouse gas regulation (right to breathe CO2) Saying she's promoting "freedom to breathe,'' a Northern Arizona legislator is working to assert the state's control -- or lack of it -- over greenhouse gases. Sen. Sylvia Allen, R-Snowflake, said there is absolutely no evidence that carbon dioxide, whether from power plants, vehicle emissions or elsewhere, harms anyone. And she dismisses claims of global climate change because "that data was tampered with and flawed'' to produce a desired result. Allen's push comes as Attorney General Tom Horne announced Tuesday his office would no longer back efforts by the U.S. Environmental Protection Agency to get clear authority to regulate greenhouse gases. The EPA has been pursing that path since the U.S. Supreme Court ruled in 2007 that the agency has the power to regulate greenhouse gases under the federal Clean Air Act. "I think that's an unfortunate decision,'' Horne said. "And I think it should be limited as much as possible.'' What Horne said he can do is withdraw Arizona's backing of the EPA in its ongoing legal battles over the right to regulate greenhouse gases. That is an about-face from a decision more than three years ago by his predecessor, Terry Goddard, who joined with the EPA. Horne said that, despite the Supreme Court decision, he believes it is ultimately up to Congress to decide whether carbon dioxide and other greenhouse gases are to be regulated. Allen, however, wants to go one step farther: She doesn't believe the federal government has any legitimate role in this area. "That's certainly what this last election was about,'' she said. "It was about the fact that we've lost our country, become a socialist country,'' Allen said. "We want to go back to the original intent of the Constitution.'' One of her measures, SB 1393 would declare that the state has the sole authority to regulate greenhouse gases "notwithstanding any federal law or regulation.'' That measure also contains what can best be described as three pages of single-spaced legal arguments about why there is no federal authority in this area. But Allen also is pushing ahead with SB 1394 which would require the governor to enter into compacts with other states to enact "freedom to breathe laws.'' These would guarantee "the freedom or right to engage in harmless intrastate emissions of anthropogenic (human-caused) carbon dioxide or other greenhouse substances.'' Allen said the whole push on greenhouse gases is designed solely to promote alternatives to fossil fuels. "And, yet, coal-generated energy is clean,'' she said. "I mean, they've taken out all the stuff that's bad.'' What's left, Allen said, is carbon dioxide which is both natural and "needed here on this earth.'' "We breathe it out as you and I are talking,'' she continued. "Trees absorb it.'' But even assuming there is some potential harm from too much carbon dioxide, Allen said it's none of the federal government's concern. "I believe it's a states' rights issue because the state is closer to these industries and to these people,'' she explained. "But the federal government should not come in here, wanting and demanding things that will put our coal companies out of business, put our mines out of business, affect everything that we're doing.'' Allen said there is nothing improper about her calling legislation to limit regulation of greenhouse gases the "Interstate Freedom to Breathe Compact.'' "It's freedom for you and I to breathe, as we are doing now, but for this state to be able to have the ability to make decisions, to move forward without constantly having to get permission from the king,'' she said, referring to the federal government. While Horne said he is not waiving the banner of states' rights, he does agree with Allen that the economy is part of this fight. "They've got draft rules that would put a major financial burden on Arizona utilities,'' Horne said of the EPA, driving up the cost of generating electricity. "And that would put a burden on Arizona business.'' While Allen's legislation is based on Arizona having control over what she called "intrastate emission'' of greenhouse gas, she acknowledged that is a myth of sorts. "The earth's air circulates every few weeks,'' she said. "We're getting China's stuff here,'' Allen continued. "But there is nothing in the Constitution that tells the federal government to be concerned about the air.'' In fact, Allen said she believes there is no federal authority over other gases that have proven harmful effects, or even that there is legal authority for the EPA to exist. SB 1394 is set for hearing Monday before the Senate Judiciary Committee. No hearing has been scheduled for the other measure.
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