News

Jun 03, 2023

Texas sues EPA over 'Good Neighbor' air pollution plan

(Reuters) - Texas and fossil fuel industry groups have sued the U.S.

(Reuters) - Texas and fossil fuel industry groups have sued the U.S. Environmental Protection Agency over a federal plan to control ozone emissions from industrial facilities and power plants in the state that drift across its borders.

The state and the groups filed their petitions in the New Orleans-based 5th U.S. Circuit Court of Appeals on Wednesday, days after the EPA published its so-called "Good Neighbor" plan in the Federal Register on June 5.

The plan requires power plants and other industries such as steel or glass factories in 23 states including California, Texas and New York to reduce ozone emissions in order to comply with pollution limits known as National Ambient Air Quality Standards under the federal Clean Air Act.

Wednesday's petition challenges portions of the Good Neighbor plan that apply to Texas.

The EPA, the Texas attorney general's office and counsel for the fossil fuel industry groups didn't immediately respond to requests for comment Thursday.

The lawsuit is the latest point of contention between the Biden administration and Texas over implementation of the Clean Air Act.

Under that law, states are required to submit plans to the EPA detailing how they will comply with pollution limits. If the EPA deems those plans inadequate, the agency is required to draft a federal plan for emissions reductions.

The state had sued the agency in the 5th Circuit in February after it rejected 23 state plans for ozone reductions, including Texas's plan, saying they included "no permanent or enforceable emissions controls."

The 5th Circuit issued a temporary stay of the EPA's decision in May while it considers the case but indicated Texas is likely to win the case on the merits.

The Good Neighbor plan requires affected facilities to participate in an ozone season trading program starting in 2023. The EPA would tighten emissions limits over time to encourage a phased installation of pollution controls starting in 2024.

The case is State of Texas et al. v. United States Environmental Protection Agency et al., 5th U.S. Circuit Court of Appeals, No. 23-60300.

For the state: John Scott and Brent Webster of the Texas attorney general's office

For the fossil fuel industry groups: Aaron Streett and Matthew Kuryla of Baker Botts

For the EPA: counsel not immediately available

Read more:

Texas sues EPA over 'hyper-politicized' pollution plan rejection

US EPA finalizes rule to tackle interstate smog

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