David Spence, “Businesses Back Greenhouse Gas Emissions Law” (New York Times)

In a New York Times story on a new Texas law giving state environmental regulators the authority to issue greenhouse gas permits, Professor David Spence explains the reasons that Texas has not regulate greenhouse gas emissions to date:

“Abbott and the state environmental agency say the EPA gave states an unfairly short time for developing the new permit rules.

“The accelerated timeline ‘gives room for argument’ that the state was wronged, said David Spence, a professor of business and law at the University of Texas at Austin. Still, he said, the requirements did not come out of nowhere. The Bush EPA believed it did not have the authority to regulate greenhouse gases, he noted. It was the Supreme Court that indicated it should do so in 2007.

“Nonetheless, of all the states, ‘only Texas said, “We’re never going to regulate greenhouse gases,’” Spence said. ‘I guess everyone can draw their own conclusions over whether that’s a prudent interpretation of the law, or just political posturing.’”