Gov. Abbott Joins Houston Businesses Opposing City EPA-like Regulations

On September 2nd, the Texas Supreme Court will hear oral arguments related to the City of Houston’s authority to promulgate EPA like regulations on air and water quality.

What did the lower courts say?

  • Trial court sided with business, granting a summary judgment. Inshort, Houston ordinance went too far.
  • The First Court of Appeals found that the City is permitted to adopt its ordinances under the Clean Air Act 

Abbott filed an Amicus Brief on Tuesday. Read it here. The highlights:

  • The Governor is committed to job growth and economic development & this case will have “devastating consequences that the ordinance will impose on Houston’s small businesses, such as auto repair shops, gas stations, and dry cleaners, if the City is allowed to pursue its aggressive approach to environ- mental regulation. “
  • TCEQ is the proper environmental regulator
  • Houston went too far turning civil environmental penalties into criminal penalties

 

Supreme Court Case No. 13-0768   Southeast Texas Record

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