OREANDA-NEWS. Texas attorney general Ken Paxton (R) yesterday asked the US Environmental Protection Agency (EPA) to stay the implementation of CO2 rules for power plants pending judicial review.

Paxton petitioned EPA to issue an administrative stay of the Clean Power Plan and said he would sue the agency if it denied the request.

"Should EPA choose not to act on this application for a stay before the rule is published in the Federal Register, Texas will consider that action to be a denial of the application," the Texas petition says.

Paxton said the stay is warranted because Texas is likely to prevail in its lawsuit to overturn the regulations.

The Texas request follows a similar one filed by 16 states led by West Virginia shortly after EPA finalized the Clean Power Plan on 3 August. A similar coalition of 15 states has asked the DC Circuit Court of Appeals to issue an emergency stay of the regulations before EPA publishes them in the Federal Register. Formal publication of final regulations under the Clean Air Act starts a 60-day window for lawsuits to be filed.

EPA said it will "vigorously defend" the rules in court.

"The Clean Power Plan is based on a sound legal and technical foundation ... [and it] is fair, flexible, affordable and designed to reflect the fast-growing trend toward cleaner American energy," the agency said.

The Clean Power Plan requires states to meet a CO2 rate or emissions target by 2030, with reductions to start in 2022. States have until September 2018 to submit a final plan to EPA showing how they will meet the targets.