Texas Attorney General Ken Paxton on Tuesday joked about suing the U.S. Environmental Protection Agency one last time before President Obama leaves office this week.
On Wednesday, he did it again.
A day after suing the EPA over a coal rule, the Republican asked the U.S. Court of Appeals for the D.C. Circuit to review another regulation aimed at curbing hazy conditions in national parks and wilderness areas in Texas and surrounding states. It requires states to craft plans about how to go about doing so.
Paxton said the rule, which took effect last week, gives federal land managers powers they don’t have under federal clean air laws — namely to certify visibility impairments.
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“This rule is both out of compliance with the law and clear abuse of discretion by the Obama administration,” Paxton said in a statement. “This is yet another midnight attempt by the Obama administration to grab power that Congress has not given to it.”
Since Obama took office in 2009, Paxton and his predecessor, Gov. Greg Abbott, have sued the federal government about 50 times. Many of the lawsuits target environmental regulations.
President-elect Donald Trump has vowed to repeal at least some of those rules.