AUSTIN, Texas (Legal Newsline) — Texas Attorney General Ken
Paxton has announced the U.S. Court of Appeals for the Fifth Circuit blocked
the U.S. Environmental Protection Agency’s (EPA) “Regional Haze” plan, an act
his office believes is a win for the state.
The Federal Implemental Plan would force power plants in the
state to install costly and allegedly unnecessary upgrades to their generators.
Texas sued in February to challenge the rule’s validity, filing a motion to
stay any enforcement rule, while the EPA filed to dismiss the case. The Fifth
Circuit granted the state’s stay motion and rejected the EPA’s – announcing a
ruling that the plan was likely unlawful. Compliance with the rule would create
a large cost for Texas consumers, and Paxton’s office believes the rule would have
imposed roughly $2 billion in costs without providing any visibility changes.
Texas has “demonstrated a strong likelihood of success in
establishing that the EPA acted arbitrarily, capriciously, and in excess of its
statutory authority when it disapproved the Texas and Oklahoma implementation
plans and imposed a federal implementation plan,” the court said.