Texas Ruling Shows Limits For Advocates' Air Enforcement In Lieu Of EPA

摘要

A federal district court's rejection of environmentalists' suit against a Texas utility over alleged Clean Air Act violations highlights the hurdles advocates face in their bid to fill what they claim is a gap in air law enforcement by EPA and state officials, sources say, as it shows the high legal burden of proof advocates must satisfy. Despite the recent loss, environmentalists are pushing ahead with citizen suit air law enforcement in Texas in lieu of more aggressive enforcement by EPA Region Ⅵ - which includes the Lone Star State - or the Texas Commission on Environmental Quality (TCEQ). For example, a major ruling is pending in environmentalists' suit over a refinery and chemical complex, where the facility claims existing TCEQ enforcement at the plant makes the challenge moot.