Texas Vs. Environmental Protection Agency

Environmental regulation of air quality is supposed to be a cooperative enterprise between
the federal and state governments. Under the Clean Air Act, the federal government is given
the responsibility of setting forth air quality standards, while states retain primary authority
for implementing those standards.

In recent years, however, EPA has become increasingly aggressive in asserting federal control
over state authority to implement environmental regulations, to the point of encroaching
on traditional state prerogatives and even in defiance of federal law. EPA also has exceeded
its authority under federal law by promulgating many new rules with unachievable dictates.

In response, the state of Texas has increasingly had recourse to the courts, challenging EPA’s
actions on a variety of grounds. While EPA requires states, on pain of sanctions, to achieve
the air quality standards it has set forth, it has formally delegated to Texas (through the Texas
Commission on Environmental Quality) the authority and obligation to implement major
regulatory permit programs. The state is therefore uniquely suited both in terms of expertise
and state-interest, to challenge EPA actions it considers unlawful.

This policy perspective provides a brief overview of the major litigation currently pending
between EPA and the state of Texas.

Read the rest of this report at the Texas Public Policy Foundation.


  1. Trunews with Rick Wiles.
    Lots of new listeners!!

  2. The air that really needs to be cleaned up is the air in Washinton DC. With all the liberals and Obama spewing their BS the air has gotten to be pretty dirty. We can change the "filter" in November.

  3. The states need to evict these petty dictators and run their own program. The whole climate change is being exposed for the fraud that it is and that was foisted on us by Gore and his greenies. Now, down the road or is that over the cliff, they do not want to admit the error and correct it. They will leave us with no energy, or at least affordable energy, and destroy our economy.

  4. It is getting close to kick a-s and take names and five in our family will be at the polls to cat our votes to throw the most unethical administration and ineligible President out of office. I also hope the people in Florida where I live will do the same with Senator Nelson who has voted right down the line for the Democrats agenda to destroy our economy and no longer respects the will of Florida voters. The polls show Nelson leads in the polls but I suspect you will see a different result election day.

  5. Mo the Pro says:

    EPA needs to be cut down to size. They have grown into a dictatorship of regulations that are strangling our country. It is to the point that in order to keep their jobs they must be continually finding more and more reasons to exist . Therefore every employee is seeking ways to keep on the payroll. Cut their budget to the bare bones and get rid of this GREEN garbage. My lawnmover is stopping for no reason and the repair facility says the EPA has required more and more ethanol into the gasoline so that the two stroke engine is bogging down. We cannot keep a one gallon flask of gasoline for more than a week or it will not run the engine. EPA, OSHA, ACLU are three uneeded organizations that should be unfunded immediately.

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  1. […] Texas Vs. Environmental Protection Agency | EPA Abuse – Texas Vs. Environmental Protection Agency. … Commission on Environmental Quality) the authority and obligation to implement major … Filed Under: News. Comments. Jim says: April 30, 2012 at 6:27 pm. Trunews with Rick Wiles. Lots of new listeners!! […]

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