We blogged here about Texas' defiance of EPA's mandate that states adopt laws and regulations allowing them to permit new and modified stationary sources with respect to greenhouse gas emissions. In December 2010, the EPA issued its so-called "SIP Call" rule, which ordered 13 states, including Arizona and Texas, to revise their laws to allow greenhouse gas permitting. Failure to do so means becoming subject to a federal implementation plan.
The latest move in the Lone Star State's battle with the feds is the filing of a lawsuit in the D.C. Circuit Court of Appeals challenging the EPA's SIP Call. Texas had previously filed a similar lawsuit in the Fifth Circuit Court of Appeals, which has appellate jurisdiction over the state. Texas decided also to file in the D.C. Circuit as a "protective measure," since the EPA has filed a motion to dismiss in the Fifth Circuit case, contending that the D.C. Circuit is the proper forum. Wyoming, likewise subject to the SIP Call, has filed a similar suit in the Tenth Circuit Court of Appeals.
Read more here.