Texas Attorney General Greg Abbott said the state was determined to fight the EPA's intentions, saying that Congress had rejected such carbon rules but the EPA was now trying to legislate them itself through administrative rules.
"Texas law does not currently deem greenhouse gases to be pollutants," Abbott said. "Once again, the federal government is overreaching, and improperly intruding upon the state of Texas and its legal rights."
Backed by a 2007 U.S. Supreme Court decision, the EPA issued a finding last year that carbon dioxide and other greenhouse gases endanger human health and welfare.
Since then the agency has moved forward with developing rules under the Clean Air Act to limit emissions blamed for climate change. Beginning January 2, EPA will require large emitters such as power plants, refineries and cement makers to obtain permits for polluting greenhouse gases.
EPA also said it will issue permits for Texas, which has refused to adopt rules for emissions. Opponents of the climate rules say they will hurt the economy and kill jobs.
Earlier this year, Abbott said, EPA indicated it would give states one year to implement new greenhouse gas limits before taking control of permits.
"Today, the EPA said that, rather than giving Texas even a year, it would unilaterally take over the state's air permitting responsibilities on January 2, 2011," Abbott said.
The petition asks the appeals court to step in immediately and halt the EPA's "exercise in administrative fiat."
Hey Texas?
Don't like it?
Leave.
Bunch of folks decided 150 years ago that would be a pretty good idea. Didn't work out so well. You don't want to play by federal law? The other 49 states would like Texas's federal money back. Lord knows we need it. Real simple solution to this. Supreme Court settled this four years ago.
We'd like our border agents back, too. We'll need them to patrol to keep you guys from heading north.
Go for it.
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