A New Regulatory Frontier (and a NewSheriff): Greenhouse Gases in Texas


Barring a court decision striking down the Environmental Protection Agency’s (EPA) actions regulating greenhouse gases or without federal legislative intervention, Texas facilities will be facing new permitting requirements and standards in the coming years.

On January 12, 2011, the U.S. Court of Appeals for the D.C. Circuit denied Texas’ motion to stay EPA’s permitting of greenhouse gas(GHG) in Texas.1 While the case will continue in the U.S. Court of Appeals, denying the stay means that for now, unless Texas agrees to assume permitting for greenhouse gases, EPA Region 6, in Dallas, will proceed with issuing GHG permits for large sources in Texas.2

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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