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Texas Scores Victory Against EPA on Cross-State Air Pollution Rule

Win McNamee, Getty Images

Texas has scored another victory against a federal government agency.

The U.S. Court of Appeals for the District of Columbia Circuit rejected the Environmental Protection Agency’s Cross-State Air Pollution Rule Tuesday morning.

The court rebuked the EPA for exceeding its statutory authority when issuing the CSAPR regulations. The court continued, saying that the EPA ignored and violated the federal Clean Air Act by imposing regulations not authorized by federal law.

The court also held that the EPA failed to provide Texas the advance notice required by federal law when it did not include the State in key aspects of the proposed rule that was published in August 2010, but then added Texas to the final regulations without notice.

The court opinion stated that “EPA’s approach punishes the States for failing to meet a standard that EPA had not yet announced and the States did not yet know….By the time EPA makes the target clear, it’s already too late for the States to comply.”

Many Texas officeholders have praised the ruling.

“On the heels of our recent flexible air permitting program victory, today’s ruling further dismantles the misguided agenda of President Obama’s activist, overreaching EPA that has no regard for the impact of its imprudent policies on states’ economies or Americans’ checkbooks,” said Governor Rick Perry.

Texas U.S. Senator John Cornyn weighed in, saying “Today’s ruling puts the brakes on regulatory overreach by the Obama administration’s EPA. While we have a long way to go in the fight against burdensome overreach, today’s ruling is a victory for jobs and job creators in Texas.”

Texas Attorney General Greg Abbott also offered his praise for the ruling, saying “Vindicating the State’s objections to EPA’s aggressive and lawless approach, today’s decision is an important victory for federalism and a rebuke to a federal bureaucracy run amok.”

More information is available here.

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