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Texas AG takes action to prevent "overreach" of EPA

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June 21, 2010

AUSTIN, Texas: State Attorney General Greg Abbott has filed a challenge to the decision made by Federal Environmental Protection Agency (EPA) rejecting a portion of the state's air-permitting program. The EPA recently vetoed a Texas rule, set in place since the mid-1990s, that allows certain power plants/refineries/manufacturing sites to make both physical and operational alterations to their facilities without further need for regulatory approval provided that these changes neither increased emissions nor resulted in the release of new toxins. The petition for reconsideration that was filed with the United States Court of Appeals for the 5th Circuit in New Orleans had been issued in "an effort to defend the state's legal rights and challenge improper overreach by the federal government," according to Abbott's office.[1]

This, however, is just the latest development in a near year long battle between the state and central governmental agencies. Back on February 16, 2010, Attorney General of Texas Greg Abbott filed suit in federal court to prevent the Environmental Protection Agency (EPA) from instituting regulation of greenhouse gases. The decision by the EPA to moderate the release of greenhouse gases was based on a finding conducted by the Obama administration that declared carbon dioxide is a danger to public health and that it contributes to global warming. Abbott, in conjunction with Governor Rick Perry, object to the move because it will place a tremendous financial burden on state businesses and homeowners, who are already under enough strain as result of the recession, and that it jeopardize jobs.[2]

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