Paxton Fights EPA Over Unconstitutional Regulation of Power Plants

AUSTIN – Texas Attorney General Ken Paxton wrote a letter to Biden’s Environmental Protection Agency (EPA) regarding its Federal Implementation Plan addressing regional ozone transport for the 2015 Ozone National Ambient Air Quality Standard. The EPA proposes fossil fuel-fired power plants in 25 states to participate in an allowance-based ozone program beginning in 2023, among other requirements. They are also proposing nitrogen oxide emissions limitations on certain other industrial stationary sources in 23 states, all of which unconstitutionally infringe on matters reserved for the state—not federal—regulation.

In addition to failing to consult necessary experts and failing to give states the opportunity to regulate themselves, the EPA blatantly ignored critical reliability and grid independence issues within Texas, which would leave the state vulnerable to another incident like the 2021 winter freeze.

Attorney General Paxton also joined a multistate letter challenging the EPA’s plan, noting that the new regulations are not cost-effective and exceed necessary air quality standards for reasons that are unrelated to the environment.

Read Attorney General Paxton’s letter here.

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