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EPA Pollution Rule Put on Hold Due to Texas AG Request

Matt Cardy, Getty Images

An EPA regulation has been put on hold.

The U.S. Court of Appeals for the D.C. Circuit granted a request by the State of Texas to stay the cross-state air pollution rule, a measure which many state officials believe would be extremely problematic for Texas’ electrical systems.

The court granted the request made by Texas Attorney General Greg Abbott, who claims that the regulations would jeopardize the reliability of Texas’ electrical grid, threaten energy-sector jobs, and cause higher electrical prices within the state.

Abbott’s office claims that the Environmental Protection Agency violated laws requiring federal agencies to inform the public of rule proposals in advance, allowing affected parties to take part in the rule-making process. The EPA included the State of Texas in the regulations without providing notice, Abbott says that they did not comply with federal law in denying Texas the ability to participate in the process.

“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,” said Abbott.

Governor Rick Perry weighed in on the stay, saying “The court was right to stay this highly flawed, job-killing rule that was based on inaccurate and incomplete information.”

A full review of the state’s petition will be carried out by the court. The case is expected to be heard by April 2012.

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