Among other things, the rule gives authority to federal land managers to make Clean Air Act certifications of visibility impairment when the Clean Air Act does not grant them that authority, Paxton argues.
The rule took effect Jan. 10.
“This rule is both out of compliance with the law and clear abuse of discretion by the Obama administration,” Paxton said. “This is yet another midnight attempt by the Obama administration to grab power that Congress has not given to it.”
Previously, Texas sued the EPA over its disapproval of its state regional haze plan and imposing the EPA’s own plan instead.
Texas and aligned energy companies were successful in obtaining a stay of the EPA’s plan because they showed the court that the EPA had failed to consider the energy impact of its plan in Texas, particularly on electric generating capacity.