Texas Lawsuits See Mixed Results in EPA Cases

And all those lawsuits have a hefty price tag.

By Rhonda FanningAugust 31, 2015 8:11 pm

To sue or not to sue– historically that hasn’t been a tough question for the Texas State Attorney General’s office when it comes to the Environmental Protection Agency.

In all, there have been 23 Texan challenges to Environmental Protection Agency’s rules since President Obama took office. But Asher Price, who covers energy and environment for the Austin American-Statesman, says the EPA has had a mixed record of wins and losses.

According to Price, Texas has spent $1.4 million chiefly in salary time for these suits.

In 2007, Texas lost to both the Bush and Obama administrations over the regulation of greenhouse gases, but then won over pollution.

“Texas has long had a program called ‘Flexible Permits’ that has allowed refineries, power plants, and so forth to pollute as long as they don’t exceed a kind of umbrella limit,” he says. “The Obama EPA wanted Texas to get rid of that program – Texas challenged the EPA and Texas won on that.”

More recently, Texas Attorney General Ken Paxton has publicly challenged the Obama Administration’s Clean Power Plan because of the impact it would have on the country’s electrical grid.

The Clean Power Plan establishes carbon-dioxide emission guidelines that would reduce greenhouse gases 32 percent by the year 2030. The plan also includes a rate and mass-based goals of emission that are state-specific.

Texas Attorney General has not officially filed a lawsuit against the Obama Administration.