As 13 States face federal implementation rules for EPA on greenhouse gas emissions, “Texas is going to do its own thing” (VIDEO)

Margaret A. Hill, partner at Philadelphia based political law firm Blank Rome recently declared that “Texas is going to do its own thing” when it comes to the U.S. Environmental Protection Agency, headed by Lisa Jackson, and its recent greenhouse gas endangerment ruling. Ms. Hill addressed 50 industry and environmental attorneys with an overview of EPA's recent regulatory developments regarding climate change and greenhouse gas emissions. Her remarks, delivered last month at Blank Rome's Philadelphia facility, discussed implementation plans and exceptions among multiple States, including mention of recent actions by State of Texas Attorney General Greg Abbott:

"EPA determined that there were approximately 13 states that currently do not have the authority in place to regulate greenhouse gas emissions, so what the EPA says is, ‘We're going to implement a federal implementation rule for those states who do not currently have the authority.’ The interesting thing here is Texas has already informed EPA that it does not plan on issuing any permits containing green house gas emission standards."

Texas Attorney General Greg Abbott is challenging the EPA, first filing a motion with the US Fifth Circuit Court of Appeals in New Orleans and following it with a petition to the U.S. Court of Appeals in District of Columbia to block the regulations under the Clean Air Act. On January 12th, the federal appeals court refused Texas's third attempt to block the EPA's implementation of greenhouse gas regulations. However, Attorney General Greg Abbott’s Spokeswoman Lauren Bean stated that Texas "will continue to challenge the EPA's unlawful overreach...The EPA has overstepped its legal boundaries and exceeded its authority. While the court declined to proactively prohibit the EPA from continuing its federalization effort, today's ruling did not reach the heart of the state's claim and does not affect Texas' ability to continue pursuing its legal challenge against the agency."

Margaret ("Peg") Hill, an expert in state and federal environmental law who is based in Washington, D.C., delivered an “Overview of EPA's Recent Regulatory Developments,” during the session on Climate Change and Greenhouse Gas Emissions held at a continuing legal education meeting hosted by Blank Rome LLP in Philadelphia on December 9, 2010. See the video of her complete presentation below.

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