On March 8, 2024, the State of Texas, the Texas Commission on Environmental Quality (TCEQ), and the Railroad Commission of Texas (which regulates oil and gas production in Texas), filed a Petition for Review in the U.S. Court of Appeals for the D.C. Circuit, challenging EPA’s recent rule that regulates methane and other emissions from oil and natural gas facilities.

On March 6, 2024, the State and TCEQ filed a Petition for Review challenging EPA’s new rule lowering the National Ambient Air Quality Standard (NAAQS) for fine particles. (See Alert EPA Issues Final Rule Lowering Air Quality Standard for Fine Particles).

Methane Rule Violates Federalism
According to a press release issued by the Office of the Attorney General, the methane rule “establishes onerous emissions standards for the oil and gas industry that would require producers to drastically update infrastructure.” The rule requires existing sources to meet “Federal standards for new sources.” This “violates fundamental principles of federalism.”

No Scientific Basis for Lowering Fine Particle NAAQS
Lowering the fine particle NAAQS is “not based on sound science” and “will impose significant economic harm on Texas,” according to the press release issued announcing this suit. The rule “has no scientific basis” and “will result in the closure of manufacturing and industrial facilities, putting workers out of jobs.”

For the press releases, which include links to the Petitions https://www.texasattorneygeneral.gov/news/releases/attorney-general-ken-paxton-sues-biden-administration-stop-new-radical-emissions-rule and https://www.texasattorneygeneral.gov/news/releases/attorney-general-ken-paxton-sues-biden-administration-stop-new-climate-policy-expansion