Ken Paxton

Friday, January 25, 2013

Texas Now 3-0 in Fight against EPAs Unlawful Cross-State Air Pollution Rule

AUSTIN Texas Attorney General Greg Abbott issued the following statement celebrating another legal victory in the State’s ongoing effort to overturn the Environmental Protection Agency’s (EPA) unlawful Cross-State Air Pollution Rule (CSAPR). Yesterday, the U.S. Court of Appeals for the District of Columbia Circuit rejected the EPA’s latest appeal and refused to reconsider a three-judge panel’s decision striking down the CSAPR regulations.

For the third time in less than 13 months, the D.C. Circuit has rejected the EPA’s continued attempts to impose this unlawful and overreaching regulation. The court agrees that the EPA acted lawlessly and violated federal law in its zeal to inflict job-killing regulations on the state. Yesterday’s decision by the court once again confirms that the EPA operated outside the law in a federal bureaucracy run amok.

In a resounding victory for the State of Texas, last August a three-judge panel of the D.C. Circuit Court issued a 60-page decision that rebuked the EPA for violating federal law and struck down its unlawful CSAPR regulations. The court’s decision cited the EPA’s abject failure to heed the cooperative federalism requirements of the Clean Air Act. Last August’s victory was preceded by a Dec. 30, 2011, D.C. Circuit Court order that prohibited the EPA from continuing to implement the CSAPR regulations until they were subjected to a thorough review by the court. The State’s third and most recent victory over the EPA was garnered yesterday afternoon when the D.C. Circuit Court announced that the EPA’s request for a rehearing by the full court was denied.