The State of Texas filed four motions on September 16, 2010 to prevent the Environmental Protection Agency (EPA) from implementing new federal regulations that threaten the Texas economy and jeopardize Texas jobs.
Specifically, Texas petitioned the U.S. Court of Appeals for the D.C. Circuit to stay the EPA’s greenhouse gas Endangerment Finding, the Light-Duty Vehicle Rule, the Prevention of Significant Deterioration (PSD) Interpretive Rule, and the Tailoring Rule.
Texas Attorney General Greg Abbott’s office explains that the EPA is legally unsupported because they outsourced its legally mandated “scientific assessment” to the Intergovernmental Panel on Climate Change (IPCC).
After a scandal erupted in 2008, the IPCC had the reliability of its scientific assessments called into question.
The State maintains that the IPCC, and EPA relied on flawed science to conclude that greenhouse emissions endanger public health and welfare.
Texas is also seeking to stay the imposition of the Light-Duty Vehicle Rule.
“…REGULATE POLLUTANTS THAT ARE NOT EVEN FOUND IN VEHICLE EMISSIONS…”
Court documents filed by the State explain that the Light-Duty Vehicle Rule is flawed because it purports to regulate pollutants that are not even found in vehicle emissions.
Federal law requires that new environmental regulations quantify their purported health and welfare benefits, but the EPA failed to include that data when the Light-Duty Vehicle Rule was published.
Despite a national economic downturn, EPA also “failed to adequately consider the harmful economic impact of the mobile source regulations,” while a thorough economic impact analysis is required by the Clean Air Act.
“The State is challenging the PSD Interpretive Rule itself because the Rule leads to absurd results,” indicates an information release from the Abbott. “Effective January 2, 2011, the Rule requires that greenhouse gases be automatically regulated pursuant to the Clean Air Act’s statutorily specified emission level requirements.”
“However, the emission levels were written to control toxic pollution – not carbon dioxide and other non-toxic substances,” said the release. “As a result the Clean Air Act contains lower emission levels than are practicable for regulating high-volume, non-toxic greenhouse gases.”
“By the EPA’s own admission, the PSD Interpretive Rule produces an absurd result.”
“To solve the “absurd results” problem of its own creation, the EPA promulgated the so-called Tailoring Rule, which purports to limit greenhouse gas permitting and regulation to only the largest emitters. Texas is challenging the Tailoring Rule because the EPA is attempting to ignore the plain language of the Clean Air Act and rewrite the law to advance its regulatory agenda.”
The Texas filings challenge the EPA’s attempts to ignore federal law, impose their federally mandated deadlines and force Texas to spend millions of dollars advancing the Administration’s regulatory agenda.
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