Tuesday, December 10, 2013

Printer Friendly

U.S. Supreme Court Hears Texas’ Challenge to EPA’s Unlawful Cross-State Air Pollution Rule

AUSTIN—Texas Attorney General Greg Abbott issued the following statement regarding today’s U.S. Supreme Court oral argument concerning the State of Texas’ challenge to the Environmental Protection Agency’s unlawful cross-state air pollution rule:

“The Obama Administration is determined to advance its liberal agenda despite the fact that the EPA’s cross-state air pollution rule will jeopardize the reliability of the Texas electrical grid, threaten the jobs of hard-working Texans, and burden Texas families with higher electricity prices. Just as the D.C. Circuit Court did on three different occasions, the U.S. Supreme Court should reject the lawless approach advanced by the unelected bureaucrats at the EPA. I will continue to fight the Obama Administration’s runaway EPA and will do all that I can to prevent unnecessary and unlawful federal regulations from getting in the way of Texas’ economic success.”

Procedural History:

Sept. 22, 2011 – Texas files a petition for review and stay motion with the U.S. Court of Appeals for the D.C. Circuit of the EPA’s cross-state air pollution rule (CSAPR).

Dec. 30, 2011 – The D.C. Circuit Court grants Texas’ request for a stay, prohibiting the EPA from continuing to implement its CSAPR until the regulations are subjected to a thorough review by the court. (link to release: 

Aug. 21, 2012 – A three-judge panel of the D.C. Circuit Court issues a 60-page decision rebuking the EPA for violating federal law, and striking down the unlawful CSAPR. The court’s decision cited the EPA’s abject failure to heed the cooperative federalism requirements of the Clean Air Act.

Jan. 25, 2013 – The D.C. Circuit Court denies EPA’s request for a rehearing by the full court.