The Third Court of Appeals in Austin vacated a district court’s judgment on the basis of lack of jurisdiction and ruled in favor of the Texas Commission on Environmental Quality (TCEQ) and against a group of individuals who had attempted to get the state agency to adopt rules aimed at limiting greenhouse gas emissions from fossil fuels. The decision signaled for Texas regulators a reassurance of their freedom from similar state court interference.
The appeals court ruling, issued July 23, concluded that if no explicitly stated right exists under applicable Texas laws for individuals to seek judicial review of a state agency’s denial of a rule-making petition, then no such request trumps the state agency’s presumed qualified immunity in those situations.
