Agricultural News
Texas Files Lawsuit Against EPA Over Attempts to Commandeer Texas Air Permitting Program
Fri, 31 Dec 2010 6:36:09 CST
The State of Texas Thursday filed a legal action challenging the federal government's attempt to take over Texas' air permitting program. Court documents filed by the State explain that the U.S. Environmental Protection Agency's improper overreach violates the Clean Air Act, which mandates a cooperative relationship between the federal government and the states.
Texas has asked the federal court in the District of Columbia to issue an emergency stay to prevent the EPA from taking over that state's air permitting program as of Sunday. According to the news release from the Texas Attorney General's office, "The State's legal action involves the EPA's unprecedented effort to regulate so-called greenhouse gas emissions under the Clean Air Act. Like many other states, Texas law does not currently deem greenhouse gases like carbon dioxide to be pollutants. However, unlike every other similarly situated state, Texas and only Texas was singled out by the EPA, which is attempting to take over the State's air permitting program effective Jan. 2, 2011. The State's petition for review and request for emergency stay were filed with the U.S. Court of Appeals for the D.C. Circuit and ask the federal court to immediately halt the EPA's improper attempt to commandeer Texas' air permitting program."
In addition, Texas Senator Kay Bailey Hutchison was written EPA Administrator Lisa Jackson protesting the efforts to take over the permitting of Texas based facilities- saying the action would lead to higher fuel costs to farmers. The Senator says that is because Texas petroleum refiners would face extra costs in complying with EPA regulations.
Under the federal Clean Air Act, preventing air pollution is "the primary responsibility of States and local governments," not the federal government. Since the Act's passage in 1972, the Texas Commission on Environmental Quality (TCEQ) not the EPA has been the primary authority for issuing Clean Air Act permits in the State of Texas. TCEQ issues permits under air permitting procedures prescribed by state law.
Under TCEQ's watch, Texas' air permitting program has successfully reduced harmful emissions in the State of Texas at a higher rate than most other states. Emissions data cited by the Governor's Office indicates that the Texas clean air program achieved a 22 percent reduction in ozone and a 46 percent reduction in nitrous oxide, which outpaces the eight percent and 27 percent reductions that were recorded nationally.
Since the Clean Air Act's inception, Texas' air permitting laws have never required TCEQ to regulate so-called greenhouse gases, such as carbon dioxide. And under previous administrations, including the Clinton Administration, the EPA has affirmed that Texas' air permitting laws are consistent with the Clean Air Act. The Obama Administration's EPA, however, reversed nearly 40 years of precedent and cooperative enforcement by attempting to unilaterally impose its policy prerogatives on the State of Texas.
Click here to read the full news release which has links to the documents filed by the state with the court.
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