A federal appeals court temporarily blocked the U.S. Environmental Protection Agency from taking control of Texas’s carbon-emission rules while it considers the state’s bid to fend off federal intervention.
Texas filed a petition with the U.S. Court of Appeals in Washington yesterday, saying the EPA didn’t give adequate notice or allow for comments on a proposed federal takeover of the state’s air permitting program on Jan. 2. Last night, the court ordered the agency to hold off on its plan while the court considers whether to delay the move until the case is resolved.
The appeals court ordered the EPA to respond to Texas’s motion by Jan. 6. Challenges to federal rules are brought directly to appeals courts.
Because Texas had not adopted a plan for implementing the EPA’s climate rules, the EPA was all set to take charge of greenhouse gas permitting in Texas starting Jan 2. This takeover has been blocked at least temporarily. So for the time being, emissions will not be regulated in Texas. The rest of the country, however, is screwed.