Texas Gov. Perry wins court fight against EPA

Texas Gov. Rick Perry smiles while speaking to people at the Iowa State Fair, August 11, 2012. / CBS News

(AP) AUSTIN, Texas -- A federal appeals court ruled Monday that the U.S. Environmental Protection Agency violated the Clean Air Act by rejecting a Texas program for approving air permits.

The ruling by a divided three-judge panel of the 5th U.S. Circuit Court of Appeals concerns the EPA's 2010 rejection of the state's flexible permitting program. That decision forced more than 100 industries, including some of the nation's largest refineries, to work directly with the EPA to get operating papers.

By a 2-1 vote, the 5th Circuit struck down the EPA's rejection of the flexible permitting program and told the EPA to reconsider it.

The flexible permit program allows plants to operate under an emissions "umbrella" but did not separately detail pollution from different sources. EPA regulators argued that the rules made it difficult to track polluters.

The case is among the keystones of Gov. Rick Perry's battles with the EPA over the state's plans for enforcing federal clean-air standards. The EPA had decided that the state's plans for issuing air emissions permits were not strict enough to prevent air quality deterioration.

In a 23-page opinion by Circuit Judge E. Grady Jolly, he and Circuit Judge Leslie Southwick concluded that the EPA exceeded its authority in rejecting the Texas program and that its grounds for doing so were insufficient, capricious and arbitrary.

Circuit Judge E. Patrick Higginbotham dissented in a 10-page opinion, disputing that the EPA had acted beyond the law.

In a statement, Perry expressed satisfaction with the ruling. "This decision is a big win for jobs and a big win for Texas," he said.

However, Neal Carmen of the Sierra Club said the ruling "does nothing to change the fact that approximately 100 refineries and chemical plants hold air permits which are not based on an approved state plan."

Carmen said the appeals court has asked the EPA to better explain its objections to flexible permitting. Until it does, the state "must rely on the existing air pollution permitting program" that state regulators had wanted to make more flexible in the first place, he said.

A message seeking comment from the EPA was not returned Monday.

[fralene-2009]

To 1stlttightwad, Gee, you don't see photos of Texas smog because there are no tall mountain ranges to stop their bad air from blowing everywhere else. Do you even know anything about California's topography? Texas has held the "honor" of being the most polluted state in every way for decades. Too bad we will all pay the price.

[mountainstates1]

That's sad. Texas has bad air, bad water, and a very bad governor...

[foo8259]

Pray for acid rain?

[ThomasSense]

The only reason that our local electric utility decided to shut down a coal-burning power plant was because of stricter EPA standards. For years its pollution has been blowing through the city. (The electric company is building a gas-burning power plant instead of upgrading it.)

People experienced health problems from the pollution: bronchitis, asthma, heart disease, and pneumonia. The excessive mercury could even cause birth defects. These victims have no justice because they are bearing these health costs alone. http://www.sourcewatch.org/index.php?title=Mill_Creek_Station

In Texas, big business gains more profits and people lose with higher health costs and lost work. The people also lose because of their quality of life is degraded.

[Jaylah54200]

Texas has some of the dirtiest air of any state in the country.

So we're to stand up and cheer for a court saying that's okay?

[1stlttightwad]

Gee, you don't see photos of Texas smog, do you..It's all in California, ya know where they have the most stringent pollution standards...Is it working, yet...Naw, China, India and the rest of the world don't give a kerapp, so we are going to be the hero and save the world by shooting ourselves and our economy in the foot.. Hip hip hooray for Obama and his EPA mafia.

[Yeah_Its_Me]

As the poster a few lines above noted, it's not about savign the day from Inda and China's actions. It's about the people getting bronchitis, asthma, heart disease and so on from living downwind from these plants. India and China have nothing to do with that!

[Ulgnud]

About time someone started pulling the EPA's fangs.

[Think3Times]

Because we hate breathing clean air! Down with the EPA! Hooray for big oil! Please kill us all faster!

[1stlttightwad]

I seem to remember some idio/t dem in Fla that said the Republican plan was to die/sooner..Hmm, wonder where he is now..oh yeah, lost the election and collecting unemployment.

[guest173]

I don't trust Gov. Perry, I live in Texas and see him speaking out of both sides of his mouth.

[Well_You_Aint_Me]

No you don't see him speaking out of both sides of his mouth, he is talking out his a $ $ most of the time.

[Solarrays247]

A win for Perry, and a loss for asthma victims, and sufferers of other respiratory diseases.