"APS should have sued. Where does the state get the power to tell an investor owned company how to run their business?"
This is now a state by state, nation-wide requirement (the Department of Energy and EPA regulations have demanded compliance].
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Feb 16, 2010: Texas Takes Legal Action Against Federal Government Over EPA CO2 Mandates "Gov. Rick Perry, Attorney General Greg Abbott and Agriculture Commissioner Todd Staples today announced that the state is taking legal action in the U.S. Court of Appeals challenging the Environmental Protection Agency’s (EPA) endangerment finding for greenhouse gases.
“Texas is aggressively seeking its future in alternative energy through incentives and innovation, not mandates and overreaching regulation,” Gov. Perry said. “The EPA’s misguided plan paints a big target on the backs of Texas agriculture and energy producers and the hundreds of thousands of Texans they employ. This legal action is being taken to protect the Texas economy and the jobs that go with it, as well as defend Texas’ freedom to continue our successful environmental strategies free from federal overreach.”
The state has filed a Petition for Review with the U.S. Court of Appeals for the D.C. Circuit, and will also file a Petition for Reconsideration with the Environmental Protection Agency, asking the administrator to review her decision. The state’s legal action indicates EPA’s Endangerment Finding is legally unsupported because the agency outsourced its scientific assessment to the International Panel on Climate Change (IPCC), which has been discredited by evidence of key scientists’ lack of objectivity, coordinated efforts to hide flaws in their research, attempts to keep contravening evidence out of IPCC reports and violation of freedom of information laws."......
Sept 29, 2011: Texas led more than a dozen states in suing the EPA
March 27, 2012: Texas wins latest round with EPA in federal court "AN ANTONIO (AP) — A federal appeals court scolded the U.S. Environmental Protection Agency on Tuesday for rejecting a series of state pollution control projects in Texas that federal regulators said failed to satisfy requirements of the Clean Air Act.
The ruling from the 5th U.S. Circuit Court of Appeals stopped short of ordering the EPA to accept the previously rejected Texas measures. Yet the three-judge panel directed the agency to take another look at the state's regulations and issue a quick decision.
At issue are state permits that govern pollution control projects at coal plants and energy producers in Texas. The EPA must sign off on the permit standards, but Judge Jennifer Elrod condemned the agency for waiting four years before taking action. The statutory deadline is 18 months.
"Because the EPA waited until more than three years after the statutory deadline to act on Texas's submission, we order the EPA to reconsider it expeditiously," Elrod wrote.".....
The order should have been to approve Texas’s submission. It is unreasonable to expect industry to wait until some bureaucrat decides to get off his bum and do his job before they pursue a project. If it is statutory deadline either you have met that deadline or you have not. Progress waits for no man.
What would happen if Texas simply ignored the EPA?
I doubt the Feds. would send in troops and I believe I read that Texas is electrical power independent.