Hook ‘em Horns: Texas sues EPA anew on climate

The state of Texas has filed a new lawsuit against the EPA and the climate rules slate to take effect on Jan. 2.

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Following the rejection of a request for a stay of the EPA rules by the U.S. Court of Appeals for the District of Columbia Circuit, Texas has filed its new effort to stay the rules in the U.S. Court of Appeals for the Fifth Circuit. In petitioning the court to review the EPA’s action, Texas claims:

The GHG SIP Call is contrary to both the Clean Air Act and the Constitution. Recognizing the proper role of the States, the Clean Air Act declares pollution prevention to be “the primary responsibility of States and local governments,” and not the federal government. 42 U.S.C. § 7401(a)(3). EPA rejects that approach and seeks to deprive Texas of its right to manage its air resources. It does so by unlawfully replacing a properly-approved Texas SIP, despite Texas’ strong track record of reducing pollution and improving air quality in the State. The United States Constitution also denies the federal government the authority to commandeer the States to carry out its ends, but here EPA attempts just that by threatening Texas with severe economic harm unless the State adopts, on an unrealistic timeline, EPA’s greenhouse gas regulations, which are themselves unlawful. The GHG SIP Call is arbitrary and capricious and is contrary to the Clean Air Act. The State of Texas is directly and immediately harmed by the GHG SIP Call because it purports to rescind the State of Texas’ permitting authority under the Prevention of Significant Deterioration program, 42 U.S.C. § 7470 et seq., and, thereby, to impose a construction moratorium on greenhouse gas sources. This action causes Texas and its citizens great and immediate injury, in the form of forgone business investment, lost jobs, lost tax revenues, and administrative expenses. By contrast, this regulation accomplishes no discemable environmental benefit. The amount of greenhouse gas emissions that would be avoided under this regulation is miniscule; indeed, it is impossible to even measure. The State of Texas therefore reserves the right to request that the Court stay the GHG SIP Call pending resolution ofthe instant Petition.

The EPA responded that Texas is merely forum-shopping, looking for a sympathetic court in the wake of the D.C. Circuit decision. Stayed tuned and… Remember the Alamo!

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