Friday, December 30, 2011

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Court Grants Texas’ Motion to Stay EPA’s Legally Flawed Cross-State Air Pollution Rule

AUSTIN — The U.S. Court of Appeals for the D.C. Circuit today granted the State of Texas’ request to stay the Environmental Protection Agency’s cross-state air pollution rule. Texas Attorney General Greg Abbott filed the State’s motion for stay in September to prevent these new regulations from jeopardizing the reliability of Texas’ electrical grid, threatening hard-working Texans’ jobs, and burdening Texas families with higher electricity prices.

“The court’s decision to issue a stay of the EPA’s legally flawed cross-state air pollution rule is a prudent one that now gives the court time to review the regulation and its burdensome effects on Texas,” Attorney General Abbott said. “The EPA relied on flawed science to advance its aggressive agenda despite the negative effect the new federal regulation would have on Texas’ economy, electric grid, and Texans’ access to electricity. The Texas Attorney General's Office will pursue every available legal remedy to prevent the EPA from imposing its cross-state air pollution rule, and the electricity disruptions and blackouts that state utility officials have said this rule will cause.”

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Court Order Granting Texas' Stay of the EPA's CSAPR

In the State’s stay motion, the Texas Attorney General’s office explained that the EPA failed to comply with laws that require federal agencies to inform the public of rule proposals in advance so that affected parties can participate in the rule-making process. Because the EPA included the State of Texas in the final CSAPR regulations without providing Texas the legally required notice, EPA violated federal law by denying Texas the ability to participate in the rule-making process.

The court’s ruling stays the CSAPR’s implementation pending a full review by the court of Texas’ petition for review. The ruling also orders the parties to submit proposed briefing schedules by January 17, 2012 so that the case may be heard by April 2012