Recently, the Texas Attorney General Ken Paxton’s office announced plans to challenge the U.S. Environmental Protection Agency’s (EPA) proposed Clean Power Plan, which would place limits on carbon emissions from existing power plants for the first time in the country. A few days afterward, Texas Governor and former State Attorney General Greg Abbott pledged support for Kentucky Senator Mitch McConnell's Just Say No campaign, an effort to encourage states not to comply with the upcoming federal regulations.
Apparently Texas has a short memory. Just a couple of years ago, Texas lost a series of challenges to EPA regarding greenhouse gas (GHG) permitting. Texas refused to issue GHG permits to new and modified large industrial sources of greenhouse gas emissions, resulting in the establishment of a dual permitting system. This meant industrial facilities, like power plants and refineries, needed to apply to the Texas Commission on Environmental Quality (TCEQ) for some air permits and separately to EPA for the portion of their permit addressing greenhouse gases.
Ultimately, however, Texas industry urged the state to issue the GHG portion of air quality permits as well. And in an about face, after spending millions of taxpayer dollars fighting common sense regulations, Texas regained the ability to issue the state’s GHG permits. Read More