Texas is emboldened by a DC US Appeals Court ruling last Thursday that temporarily blocks the EPA from taking over flexible air permits in Texas after Texas Attorney General Greg Abbot filed suit to block the EPA. It's a momentary victory, but the court issued a warning that the ruling "should not be construed in any way as a ruling on the merits" of Abbot's appeal.
Texas filed suit to block the EPA's disapproval of flex permits, asserting that there is no legal or technical justification for the federal agency's action.
"It's interesting that these companies are recognizing the EPA's authority when TCEQ isn't," said Elena Craft, a Texas-based scientist for the Environmental Defense Fund. "At least someone is paying attention to the reality of the situation instead of being in this imaginary world where Texas doesn't follow the rules of the rest of the country."
Bill Becker, the executive director of the National Association of Clean Air Agencies, said Texas is in the minority when it comes to compliance with EPA's climate rules.
"Texas is the only one I've heard who have said, 'Over my dead body,' but most others are trying to make this work," Becker said.
The Lone Star state is dug in and ready for a shootout at the OK Corral with the federal government in defense of big coal. This will be one to watch. Maybe from behind the protection of a large and sturdy Live Oak.
Posted by Winger
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