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How does the EPA ruling change Texas' ability to regulate its power output (if at all)?
Posted on 6/30/22 at 10:39 am
Posted on 6/30/22 at 10:39 am
A lot of the chatter during the Texas freeze disaster centered around Texas not being allowed to ramp up its power production during the 2021 freeze due to Fed regulations. Setting aside what the true causes were, does this ruling mean that the EPA does not have the authority (currently) to tell Texas what plants they can ramp up when the demand increases?
Posted on 6/30/22 at 10:43 am to Tiger_n_Texas
quote:Likely, Texas will have to challenge the regs in court as an overstep by the EPA using today's ruling as evidence that the EPA did not have constitutional authority to act unilaterally to impose the regulations.
A lot of the chatter during the Texas freeze disaster centered around Texas not being allowed to ramp up its power production during the 2021 freeze due to Fed regulations. Setting aside what the true causes were, does this ruling mean that the EPA does not have the authority (currently) to tell Texas what plants they can ramp up when the demand increases?
Posted on 6/30/22 at 10:45 am to Tiger_n_Texas
On its surface, I'd say yes. SCOTUS ruled the EPA does not have the power to regulate the state's power plant emissions.
Posted on 6/30/22 at 10:45 am to HubbaBubba
Texas AG sends letter stating their position, then they should do as they need to and let EPA sue and use their legal resources.
Posted on 6/30/22 at 10:46 am to Tiger_n_Texas
I have always thought that Texas authorities using the EPA as a scapegoat was a bullshite excuse. These natural gas (or coal) power plants were more than likely not ready to go. And by the time they got ready the freeze would have passed. So for their unreadiness they blamed EPA permitting.
Screw the EPA in those situations. Turn the power plants on and deal with the consequences later. Again the problem was these plants were not ready to be placed back into service at a moments notice. Hopefully Texas has learned their lesson and these plants can be turned on as soon as the wind stops blowing and people need heat.
Screw the EPA in those situations. Turn the power plants on and deal with the consequences later. Again the problem was these plants were not ready to be placed back into service at a moments notice. Hopefully Texas has learned their lesson and these plants can be turned on as soon as the wind stops blowing and people need heat.
Posted on 6/30/22 at 10:47 am to HubbaBubba
Could Texas violate the EPA ruling and generate the power as they see fit, and force the EPA to sue Texas?
I'd rather go this route. The EPA would likely know it would lose the legal case, and would be a 50/50 shot if they actually did anything about it.
I'd rather go this route. The EPA would likely know it would lose the legal case, and would be a 50/50 shot if they actually did anything about it.
Posted on 6/30/22 at 10:48 am to WhiskeyThrottle
quote:
Could Texas violate the EPA ruling and generate the power as they see fit, and force the EPA to sue Texas?
That would be my move.
We are headed towards an era of states ignoring federal rulings on both sides.
Posted on 6/30/22 at 10:48 am to HubbaBubba
quote:
Texas will have to challenge the regs in court as an overstep by the EPA using today's ruling as evidence that the EPA did not have constitutional authority to act unilaterally to impose the regulations.
I think they can just do what they need, then let the EPA file a lawsuit and challenge them.
Posted on 6/30/22 at 10:51 am to goofball
It’s the better choice. EPA would spend more $ pursuing legal action and their legal budget is limited. So they likely have to choose - 50/50 case or lower chances vs texas, or go after slam dunk cases.
Posted on 6/30/22 at 10:58 am to goofball
Thanks all for the quick responses. The responses were pretty much in line with what I was thinking/expecting.
Do what you have to do and let them come after you after the fact. They can try to prove they have the authority in court.
Do what you have to do and let them come after you after the fact. They can try to prove they have the authority in court.
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