The Dallas Morning News reports:
The U.S. Court of Appeals slapped down Texas’ most recent challenge to the Environmental Protection Agency on Friday, the latest defeat in Attorney General Greg Abbott’s lengthy legal crusade against the federal government.
Abbott had attempted to block the EPA from controlling the state’s system for issuing permits to power plants. That process has been under federal oversight since 2010.
The EPA gave itself the authority to intervene in the permit processes of 13 states, including Texas, in 2010 because the agency claimed that those states’ policies did not consider greenhouse gas emissions.
The D.C. Court of Appeals ruled 2-1 that the petitioners — which included Texas, Wyoming and a handful of industry groups — didn’t have legal standing to bring the case. Judge Judith Rogers wrote in the majority opinion that the states had failed ”to show how they have been injured” by sharing permitting power with the EPA.