By Austin Business Journal

Texas filed yet another legal action against the federal government before the new year, charging a recent takeover of the state's air permitting program violates the Clean Air Act.

The suit is the latest in an ongoing power struggle between the state and the U.S. Environmental Protection Agency, which took an unprecedented regulatory takeover of the Texas program Sunday. The federal agency had given Texas, and 12 other states, about a year to implement new permitting procedures meant to regulate greenhouse gases, but it intensified efforts after repeated disputes.

In September, the state filed four motions in the U.S. Court of Appeals to stop the guidelines on cars and other emitters, charging the agency based rules on flawed climate data and that changes would harm the local economy.

Attorney General Greg Abbott said in the latest legal filing Dec. 30 that the EPA takeover contradicts a Clean Air Act regulation that mandates a cooperative relationship between the federal government and states.

⿿Once again the federal government is overreaching and improperly intruding upon the State of Texas and its legal rights,⿝ Abbott said. ⿿With today⿿s new regulations, the EPA is both unlawfully commandeering Texas⿿ environmental enforcement program and violating federal laws that give the State and its residents the opportunity to fully participate in the regulatory process.⿝

The state filed a petition for review with the U.S. Court of Appeals seeking an immediate halt to the EPAâ¿¿s commandeer of the Texasâ¿¿ air permitting program â¿¿ a request the courts denied.

About 200 facilities in Texas operate permits that are out of date or have been disapproved by the EPA, according to reports.

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