Bloomberg News

Texas Calls EPA Tailpipe Rule on Greenhouse Gases Improper

June 06, 2011

(Updates with excerpt from filing in third paragraph.)

June 6 (Bloomberg) -- Texas said the Environmental Protection Agency’s Tailpipe Rule on greenhouse-gas emissions from motor vehicles improperly imposes new regulations on industrial facilities.

Texas and eight other states made the claim in a lawsuit challenging the rule in a federal appeals court in Washington. The states allege the EPA wrongly used regulations put in place before the Tailpipe Rule to set greenhouse-gas standards for stationary sources, such as steel mills and power plants.

“The Tailpipe Rule thus became the sine qua non of one of the most expansive and onerous regulatory programs ever promulgated in the United States,” the states said in the June 3 filing.

The Tailpipe Rule set emissions and mileage standards for new vehicles beginning in 2016. The rule was jointly written by the EPA and the U.S. Transportation Department.

The states allege the EPA “expressly refused” to consider the costs of complying with the stationary source regulations. The states filed a challenge to the rule shortly after it was completed in April 2010.

Cathy Milbourn, an EPA spokeswoman, declined to immediately comment on the filing.

The case is Coalition for Responsible Regulation Inc. v. Environmental Protection Agency, 10-109, U.S. Court of Appeals for the District of Columbia (Washington).

--Editors: Stephen Farr, Glenn Holdcraft

To contact the reporter on this story: Tom Schoenberg in Washington at

To contact the editor responsible for this story: Michael Hytha at

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