EPA had no legal basis for disapproving Texas standards

Business Week:
The U.S. Environmental Protection Agency had “no legal basis” to disapprove a Texas plan for implementing federal air-quality standards, a court said.
The U.S. Court of Appeals in New Orleans ordered the agency to reconsider the Texas regulations and “limit its review” to ensuring that they meet the “minimal” Clean Air Act requirements that govern state implementation plans.
“If Texas’s regulations satisfy those basic requirements, the EPA must approve them,” the court said in its 22-page March 26 ruling.
The EPA rejected Texas’s rules on minor new-source review permits in September 2010, contending they didn’t meet Clean Air Act requirements. The Texas attorney general, the U.S. Chamber of Commerce and businesses sued the EPA, challenging the ruling.
The EPA failed to identify any provisions of the law that the Texas program violated, the appeals court said. The agency also missed a deadline to rule on the Texas permit plan, the court said.
“The EPA unlawfully disapproved a commonsense Texas air permitting program that fully complied with the federal Clean Air Act and reduced harmful emissions,” Texas Attorney General Greg Abbott said in a statement today.
“The EPA disregarded the limited authority it was granted under federal law and incorrectly alleged that Texas would not act sensibly and in accordance with its own laws,” Abbott said. “This victory marks the second time in the last three months that Texas has successfully obtained relief from the courts after an unlawful overreach by the EPA.”
The decision could be relevant to a case brought by states including Texas against EPA regulations to cut interstate pollution from power plants, according to Christine Tezak, senior policy analyst at Robert W. Baird & Co. in McLean, Virginia.
...
The EPA is on a real losing streak because of its regulatory over reach.  The court's ruling suggest a level of misconduct that is stunning.  The EPA's inability to identify any provision of the law that the Texas program violated suggest an agency that is acting in an arbitrary and capricious manner.  It puts some of their other recent rulings in jeopardy.  The agency appears to be losing its war against Texas.

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