Pillsbury Winthrop Shaw Pittman

Texas proposes new GHG emissions rules

By Anthony Cavender and Amanda Halter

In response to the standoff between the US Environmental Protection Agency (EPA) and the State of Texas over EPA’s promulgation of new rules regulating stationary-source greenhouse gas (GHG) emissions, the Texas Legislature enacted House Bill 788 to provide the Texas Commission on Environmental Quality (TCEQ) with GHG permitting authority. On 23 October, the TCEQ proposed rules to implement HB 788. The new rules, once promulgated, will for the first time empower the TCEQ to issue permits and other forms of authorisation for GHG emissions in Texas. The TCEQ has estimated that there may be as many as 1,800 existing sites at which emissions could trigger GHG review in the future.

While the State of Texas continues to challenge EPA’s GHG rules in court — so far unsuccessfully, although the US Supreme Court has accepted certiorari on one challenge — the stage is now being set for Texas to issue GHG permits. If the Supreme Court affirms EPA’s authority to regulate GHG emissions through the Clean Air Act’s (CAA’s) programmes for the permitting of new and modified stationary sources, then TCEQ’s GHG permitting rules will govern future GHG air permitting in Texas. On the other hand, if the Supreme Court ultimately rules against EPA and finds that the agency lacks authority to use the CAA’s permit programmes to regulate stationary sources of GHGs, section 2 of HB 788 also allows the TCEQ to repeal these rules. A Supreme Court ruling is expected before the end of the court’s current term in June 2014…

If you are registered and logged in to the site, click on the link below to read the rest of the Pillsbury briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Overview

Tower 42, Level 23
25 Old Broad Street
London
EC2N 1HQ
UK
http://www.pillsburylaw.com/