EPA Will Regulate Greenhouse Gases in Texas, Court Rules


A federal court has shot down a bid by Texas to keep the Obama administration from regulating greenhouse gases in the Lone Star State.

The U.S. Circuit Court of Appeals for the District of Columbia ruled Wednesday that the Environmental Protection Agency can take over the permitting of carbon dioxide emissions in Texas, Politico reported.

It was the third time in two months that the request by Republican Gov. Rick Perry and Attorney General Greg Abbott was rejected in court.

In December, the appeals panel agreed to stay federal enforcement regulations temporarily. That halt was lifted Wednesday, with the judges stating in a one-page decision that state officials “have not satisfied the stringent standards required for a stay pending court review.”

The state still has other lawsuits pending that more broadly challenge the government’s regulation authority, according to the Texas Tribune.

Perry did not immediately comment on the ruling. Abbott’s office released a statement insisting Wednesday’s ruling “did not reach the heart of the State’s claim and does not affect Texas’ ability to continue pursuing its legal challenge against the agency.”

But David Doniger, policy director of the Natural Resources Defense Council’s Climate Center, told Politico the state is running out of legal options to keep the EPA at bay.

“It’s time for Rick Perry to stop grandstanding and look at this practically,” Doniger said.

The EPA’s new greenhouse gas rules, which went into effect Jan 2., require stricter pollution-control technology for utilities and other power providers.

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