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Texas Violated the Law with Lax Emissions Limits, Federal Court Rules

Inside Climate News · By Dylan Baddour · last updated
Judges overturned a state air pollution permit that was issued last year, arguing that the Texas Commission on Environmental Quality illegally enabled Port Arthur LNG to avoid emissions control requirements.

By Dylan Baddour

A federal appeals court on Monday struck down a major air pollution permit issued by Texas’s environmental regulator, arguing that the state allowed improperly high emissions limits for Port Arthur LNG, a gas liquefaction and export terminal currently under construction on the Gulf Coast. 

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More than 30 years after the last major update of the Clean Air Act, the U.S. Supreme Court has upended the ability of Congress to give the Environmental Protection Agency and other federal agencies broad scope to combat air pollution, including the emission of greenhouse gases. Meanwhile, further Biden administration efforts to limit emissions face opposition in the courts. 

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