Legislators are up in arms because the Governor issued an order that is intended to prevent cancer. How much more up in arms should they be about an order that will generate new cancers — not to mention heart disease, asthma and brain damage?

The instant and overwhelming outcry from legislators over the Governor's "executive prescription" for anti-cancer shots is a breath of fresh air, and it's coming not a moment too soon. Lawmakers are finally waking up to the Governor's overstepping of his authority through his directives to state agencies. It's too late to prevent many of the processes set in motion through executive orders, but there is still time for lawmakers to take back control and stop the Governor's coal rush.

All year, the Texas Commission on Environmental Quality (TCEQ) has been hurrying through the process of issuing permits for as many as 18 new coal-fired power plants. There is widespread acknowledgement that the proposed plants would exacerbate Texas' already-severe air pollution problems, make thousands of Texans sick, and increase Texas' global warming emissions. The plants would cost ratepayers, cost the health care system, and cost the state if Congress enacts carbon caps.

But the agency is "fast-tracking" the permitting process, reducing the time for public comment and cutting corners on important environmental and health impact analysis. And all because of an executive order from Gov. Rick Perry.

In October 2005, the Governor issued an executive order, "RP-49," directing the TCEQ to shorten the industrial facility permitting process that lawmakers approved several years ago, because of a study showing that Texas will face new electric generation demand in the future and therefore should start planning now to meet that demand. Utility companies responded to RP-49 with campaign contributions and a slew of permit applications.

Local elected officials, health professionals, business interests and residents of affected communities are protesting the proposed plants. Environmental groups have filed lawsuits to intervene in the permitting process. And Rep. Charles "Doc" Anderson, R-Waco, has filed a resolution, HCR 43, calling for the TCEQ to stand down from the fast-track process so the Legislature can weigh in and to allow time for more complete evaluation of the proposed permits.

Some opponents of the fast-track process oppose coal in general. Others simply want TCEQ to slow down. In announcing his filing of HCR 43, Rep. Anderson said the state should consider all its energy options, including all potential sources of generation, as well as energy efficiency strategies — what he called "the whole enchilada."

But it's a big enchilada plate to consider, and time is running out. The TCEQ has consolidated seven of the contested permits into one mega-permit because the proposed plants are all of similar design. State administrative law judges in Austin will hold hearings on the bundled cases for 10 days in a row starting February 21.

If the Governor's HPV order stands, parents would have the opportunity to opt their daughters out of the vaccination for a variety of reasons including religious and philosophical positions. If the new coal-fired plants are built, no Texan will be able to opt out of the air pollution they produce. No living creature will be able to sign a waiver refusing the global warming impacts.

The HPV uproar has succeeded in focusing the Legislature's attention on inappropriate executive orders; now, let's hope they get serious about saving lives and reassert their authority over the power plant permitting process.

This blog entry first appeared in Texas Weekly.