U.S. EPA’s new rules for power plants, refineries and other large industrial facilities will “deprive Texas of its right to manage its air resources,” the state says in a petition filed last week with the 5th U.S. Circuit Court of Appeals. The plea to the New Orleans-based court, which has jurisdiction over Texas but doesn’t usually review challenges to Clean Air Act programs, is the state’s last-ditch effort to stop the regulations from taking effect in two weeks.
Petition (PDF)(29 PAGES)
http://www.eenews.net/assets/2010/12/20/document_gw_01.pdf
court filing Friday, the Obama administration urged the 5th Circuit to throw out Perry’s new petition, saying that the D.C. Circuit is responsible for weighing these types of requests. Texas’ request is “an improper attempt to re-litigate before this court its unsuccessful arguments,” the Justice Department argued in its response.
Court Filing
(PDF)(26 PAGES)
http://www.eenews.net/assets/2010/12/20/document_gw_02.pdf
Source:
EPA: Texas seeks home-court edge in bid to block climate rules
http://www.eenews.net/public/Greenwire/2010/12/20/2
Possibly Related
U.S. Court of Appeals for the D.C. Circuit Opinions
Released on December 21, 2010
Argued September 17, 2010 Decided December 21, 2010
NATIONAL PETROCHEMICAL & REFINERS ASSOCIATION,PETITIONER v. ENVIRONMENTAL PROTECTION AGENCY, RESPONDENT
(PDF)(40 PAGES)
http://pacer.cadc.uscourts.gov/common/opinions/201012/10-1070-1284126.pdf
Source:
http://www.cadc.uscourts.gov/bin/opinions/allopinions.asp
Thank you!
Aren’t they just so clever .. creating whole
new terms to suit their agenda.
will “deprive Texas of its right to manage its air resources,”
Dang out and out punishing overlords and
thieves is what they are.