Court tosses Texas, industry challenge to EPA greenhouse gas permitting

In the decision Friday, the judges said the states and power companies fighting on their side did not have standing in the case.

The suit challenged the EPA steps beginning in 2010 to force Clean Air Act permitting for greenhouse gases in several states that the EPA said had not met deadlines to prepare for the requirements.

The decision finds that industry groups “fail to show how they have been injured in fact by rules enabling issuance of the necessary permits,” while Texas and Wyoming likewise “fail ... to show how vacating the rules would redress their purported injuries.”

The Environmental Defense Fund (EDF), which intervened in the case on the EPA’s side, noted that Texas has refused to work with the agency to put permitting in place.

“Instead of using its taxpayer dollars to litigate and obstruct clean air protections, Texas should invest in expanding its world-class wind energy resources, and in building a stronger clean energy economy,” said EDF attorney Peter Zalzal in a statement.