Legal Newsline

Tuesday, January 28, 2020

Appeals court backs Texas' stay of EPA power plant rule

By Mark Iandolo | Apr 11, 2017


AUSTIN, Texas (Legal Newsline) - Texas Attorney General Ken Paxton has lauded a ruling made by the U.S. Court of Appeals for the Fifth Circuit, which leaves intact Texas’ stay of the U.S. Environmental Protection Agency’s (EPA) Regional Haze Rule. 

“We are pleased that the Fifth Circuit left its stay in place," Paxton said on March 23. "The decision gives the new administration the opportunity to reconsider the Obama administration’s unlawful action. We look forward to the opportunity to work with the new administration on a lawful course of action.”


The EPA’s rule would have mandated that power plants in Texas install upgrades to their generators, but Paxton claims these upgrades are unnecessary and costly. The Fifth Circuit initially granted Texas’ stay motion last July, stating that the EPA’s plan was likely unlawful and that it would unnecessarily burden Texas consumers.


Texas “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 Fifth Circuit ruled.

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