Description: Challenge to state’s failure to address climate change when approving new coal-burning facilities.
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Public Citizen v. Texas Commission on Environmental Quality
Case Documents:
Filing Date Type File Action Taken Summary 05/07/2010 Order Order issued denying plea to the jurisdiction. 10/06/2009 Petition Download Petition filed. A Texas environmental group filed a lawsuit seeking to force the Texas Commission on Environmental Quality to regulate greenhouse gases when it approved new coal-fired power plants and other facilities in the state. The group alleged that existing Commission rules unlawfully eliminated all opportunity for people facing significant harm to present facts about climate change in permit proceedings on coal- and petroleum coke-fired power plants. The group sought a judgment declaring Commission rules invalid under the federal Clean Air Act and the Texas Clean Air Act. -
Public Citizen v. Texas Commission on Environmental Quality
Case Documents:
Filing Date Type File Action Taken Summary 08/09/2013 Memorandum Opinion Download Memorandum opinion issued. After Public Citizen voluntarily dismissed its suit against the Texas Commission on Environmental Quality, the Texas Court of Appeals granted Public Citizen's motion to dismiss the appeal. 08/02/2013 Notice Download Notice of filing nonsuit in the district court filed by Public Citizen. 07/16/2013 Memorandum Opinion Download Memorandum opinion issued. The Texas Court of Appeals abated the appeal for 30 days to allow Public Citizen to dismiss its claims against the Texas Commission on Environmental Quality in district court. 01/29/2013 Motion Download Motion to dismiss as moot filed by Public Citizen. Public Citizen asked the appellate court to dismiss as moot the Texas Commission on Environmental Quality's (TCEQ's) appeal of the district court's denial of its plea to the jurisdiction. Public Citizen said a controversy had ceased to exist once the United States Environmental Protection Agency took action to regulate carbon dioxide emissions from new sources in Texas. Alternatively, Public Citizen said it wished to dismiss its claims without prejudice. TCEQ opposed the motion.