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  • bluecheese4u bluecheese4u Jul 26, 2013 2:31 PM Flag

    Court tosses Texas, industry challenge to EPA greenhouse gas permitting

    Court tosses Texas, industry challenge to EPA greenhouse gas permitting

    Ben Geman - 07/26/13 01:22 PM ET

    A federal appeals court has rejected a challenge to the Environmental Protection Agency’s greenhouse gas permitting requirements, siding with the EPA in a battle against Texas, Wyoming and industry groups over implementation of the rules.

    The 2-1 decision Friday by the U.S. Court of Appeals for the District of Columbia Circuit marks the latest ruling that upholds the EPA’s regulatory efforts on climate change, following the same court's 2012 rejection of more far-reaching challenges.

    The decision is the latest phase in a years-long battle between Texas and the EPA over the agency’s decision to take control of greenhouse gas permitting in the Lone Star State.

    The case is more broadly a dispute over deadlines for states to incorporate greenhouse permitting for major new and modified stationary pollution sources into their implementation of Clean Air Act requirements.

    In the decision Friday, the judges said the states and power companies fighting on their side did not have standing in the case.

    The suit challenged the EPA steps beginning in 2010 to force Clean Air Act permitting for greenhouse gases in several states that the EPA said had not met deadlines to prepare for the requirements.

    The decision finds that industry groups “fail to show how they have been injured in fact by rules enabling issuance of the necessary permits,” while Texas and Wyoming likewise “fail ... to show how vacating the rules would redress their purported injuries.”

    The Environmental Defense Fund (EDF), which intervened in the case on the EPA’s side, noted that Texas has refused to work with the agency to put permitting in place.

    “Instead of using its taxpayer dollars to litigate and obstruct clean air protections, Texas should invest in expanding its world-class wind energy resources, and in building a stronger clean energy economy,” said EDF attorney Peter Zalz

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