Texas Manufacturers React to 5th Circuit Court Stay of EPA’s Regional Haze Plan

July 19, 2016

The 5th Circuit Court of Appeals has stayed the Environmental Protection Agency’s federal regional haze plan for Texas. The following can be attributed to Tony Bennett, president of the Texas Association of Manufacturers.

“The 5th Circuit Court of Appeals was right to stay implementation of the EPA’s regional haze plan, which would have dramatically threatened Texans’ access to reliable electricity and caused unnecessary increases in power prices.

In its decision, the court argued the stay was necessary because the challengers ‘demonstrated a strong likelihood of success in establishing that EPA acted arbitrarily, capriciously, and in excess of its statutory authority.’

Regulatory overreach is the hallmark of this administration’s EPA and the regional haze plan is the agency’s latest attempt to shut down more than 20% of the power generation in Texas. The EPA’s regional haze plan is separate and apart from the EPA’s Clean Power Plan, which the U.S. Supreme Court stayed in February of this year. Both plans threaten safety, jobs and economic development, all with limited and questionable environmental benefits.

The Texas manufacturing sector is among the most efficient industries in the world both in terms of energy use and air emissions. We are encouraged that the 5th Circuit Court of Appeals has hit pause on the regional haze plan so that Texans are not hit with the negative consequences of a plan that likely isn’t even legal, let alone effective.”


Contact: Gretchen Fox, 512-694-4326