Once again, Texas is preparing to challenge a new federal air quality regulation that will affect the state’s electric utility industry.
In 2011, Texas was one of a number of states, joined by industry and labor groups, that sued the U.S. Environmental Protection Agency over the Cross-State Pollution Rule, which is the regulation that aims to limit the effects of air pollution across state boundaries. After lengthy litigation related to the suit, in April 2014, the U.S. Supreme Court justices ruled in a 6-2 vote in EPA v. EME Homer City Generation to uphold the regulation.
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