As promised, Texas is suing the U.S. Environmental Protection Agency over President Obama’s plan to combat climate change, Attorney General Ken Paxton announced Friday, just after the new regulation had been finalized.
The state is suing as part of a bipartisan coalition of 24 states — including Missouri and Kentucky, which are led by Democrats — that will jointly request a stay on the plan Friday afternoon.
The regulation, known as the Clean Power Plan, requires states to cut carbon emissions by shifting from coal power to natural gas and renewables over the next 15 years.
Paxton has warned that the Clean Power Plan would dramatically inflate the cost of electricity for consumers and imperil the state’s power grid, describing the regulation as a federal “power grab.”
The coalition will argue that the EPA “cannot force the states to regulate where the EPA doesn’t have authority to regulate itself,” Morrisey explained.
It filed a petition for review of the regulation Friday morning with the U.S. Court of Appeals for the District of Columbia.
“Petitioners will show that the final rule is in excess of the agency’s statutory authority, goes beyond the bounds set by the United States Constitution, and otherwise is arbitrary, capricious, an abuse of discretion and not in accordance with law,” the petition says. “Accordingly, the petitioners ask the court to hold unlawful and set aside the rule, and to order other such relief as may be appropriate.”
See here for the background, and here for the AG’s complaint. ERCOT has actually confirmed that Texas is well-positioned to comply with the Clean Power Plan, but what fun would that be? The ritual must be observed, like the playing of the National Anthem before a sporting event. Round and round we go, and when the Supreme Court ultimately settles it, nobody knows.