Texas v. Environmental Protection Agency

Created:
Fri, 2010-12-31 14:50

A federal appeals court temporarily blocked the U.S. Environmental Protection Agency from taking control of Texas’s carbon-emission rules while it considers the state’s bid to fend off federal intervention.

Texas filed a petition with the U.S. Court of Appeals in Washington yesterday, saying the EPA didn’t give adequate notice or allow for comments on a proposed federal takeover of the state’s air permitting program on Jan. 2. Last night, the court ordered the agency to hold off on its plan while the court considers whether to delay the move until the case is resolved.

The appeals court ordered the EPA to respond to Texas’s motion by Jan. 6. Challenges to federal rules are brought directly to appeals courts.

“The EPA is both unlawfully commandeering Texas’ environmental enforcement program and violating federal laws that give the state and its residents the opportunity to fully participate in the regulatory process,” Texas Attorney General Greg Abbott said in a Dec. 30 statement.

Wyn Hornbuckle, a Justice Department spokesman, declined to comment, citing the pending litigation.

The case is Texas v. Environmental Protection Agency, 10- 1425, U.S. Court of Appeals for the District of Columbia (Washington).

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What are your thoughts on this article? Do you think it's fair for the EPA to step in and take control over a states emission rules? Should all states have to follow the same timelines?

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