A federal court has thrown out a challenge against the Environmental Protection Agency’s rules regarding greenhouse gas emissions from power plants.
The suit was brought by Texas and Wyoming.
“Accordingly, because petitioners lack Article III standing to challenge the rules, we dismiss the petitions for lack of jurisdiction,” according to the majority opinion by Circuit Judge Judith Rogers.
A federal appeals court ruled 2 to 1 that the states lacked standing to sue the EPA to stop the agency from overriding the states and implement greenhouse gas permitting systems.
The states were also joined by the National Mining Association, Peabody Energy Corp. and two groups of unnamed power companies.
“While I respect the court’s authority, I remain disappointed that President Obama continues to try to overrun Congress by regulating carbon emissions,” Texas Republican Rep. Pete Olson told The Daily Caller News Foundation.
“The fact remains that overly strict carbon regulations have the potential to ripple through the economy, costing jobs and impacting almost every facet of life in America. Such regulations will reduce our global competitiveness by giving an edge to countries that don’t follow suit.”
On Friday, the court concluded that the Clean Air Act required large greenhouse gas emitters to obtain permits. Since the EPA’s limited actions allowed emitters to get permits that they otherwise would not be able to get, neither the energy companies nor the states had legal grounds to challenge the agency.
“Today’s ruling from the D.C. Circuit is disappointing,” said Bryan Shaw, chairman of the Texas Commission on Environmental Quality, in a statement.
“The EPA has effectively re-written the Clean Air Act to impose its new standards, imposed severely restrictive timelines on the states to implement its new requirements, and then twisted the Act to immediately impose its agenda on Texas. In light of all of this, it is remarkable that the D.C. Circuit has repeatedly found no harm to the states with respect to EPA’s greenhouse gas rules.”