EPA Clean Air Policy Is 'Coercive' To States, DC Circ. Hears

Law360, Washington (May 7, 2013, 3:36 PM EDT) -- Texas and Wyoming urged a D.C. Circuit panel Tuesday to nix the U.S. Environmental Protection Agency's takeover of their state clean air permitting programs, claiming the agency blackmailed states into complying and stripped them of sovereign rights.

According to the states, the EPA provided them with “two coercive, nonviable choices” when it issued a December 2010 rule threatening to take over their ability to approve stationary source construction permits if they didn't start regulating greenhouse gas emissions. The rule, known as a State Implementation Plan Call,...
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