Texas is the first of what will no doubt be many states to attack the EPA for overstepping its mandate. http://www.globalwarming.org/wp-content/uploads/2010/08/epa-texas-letter.pdf I particularly liked this comment "Each of these objections to EPAs demand for a Loyalty Oath from the State of Texas would suffice to justify our refusal to make one. Indeed, it is an affront to congressionally-established judicial review process for EPA to force states to pledge allegiance to its rules (or forfeit their right to permit) on the final day by which states must exercise their statutory right to challenge those same rules. Texas will not facilitate EPAs apparent attempt to thwart these established procedures and ignore the law . Those objections will now be resolved in litigation now pending in the D.C. Circuit Court of Appeals."