NEW ORLEANS, Louisiana, August 30, 2010 (ENS) – Two environmental groups Friday filed a motion to intervene in the lawsuit brought by Texas Attorney General Greg Abbott and the State of Texas against the U.S. Environmental Protection Agency regarding the EPA’s June 2010 disapproval of part of Texas’ air permitting program.
Environmental Defense Fund and Environmental Integrity Project filed the motion in the U.S. Court of Appeals for the 5th Circuit in New Orleans.

See also: Jeevna Sheth. The 5th Circuit Court of Appeals Is Spearheading a Judicial Power Grab. 15 May 2024. American Progress.
The rogue 5th Circuit Court has helped undermine the separation of powers, established precedent, and principled legal reasoning to accomplish right-wing policy goals; the Supreme Court continuing to follow suit would strip power away from elected representatives and American voters.
Jeevna Sheth. The 5th Circuit Court of Appeals Is Spearheading a Judicial Power Grab. 15 May 2024. American Progress.
The environmental groups are seeking to intervene on the side of the EPA. If they are allowed to intervene, they will argue that the agency properly disapproved the Texas Flexible Air Permitting program.
“Governor [Rick] Perry wants people to think that Washington is picking on him,” said EDF energy program director Jim Marston. “The truth is he wants Texas to get a special pollution pass that no other state gets.”
“All other 49 states follow the Clean Air Act, and it’s time that politicians and polluters in Texas follow it, too,” Marston said. “Our intent is to make sure this lawsuit considers the facts and science surrounding this issue and that re-election campaigns aren’t waged in the courtroom.”
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