Do Certain Provisions of the State Audit Immunity and Privilege Laws Deprive the State of Texas of Adequate Authority to Enforce the Requirements of Title V of the Clean Air Act?



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Texas Tech Journal of Texas Administrative Law


This article addresses Public Citizen’s opposition to the approval of Texas’s Title V program. It explains their argument that the Texas Audit Act deprived the state of adequate authority to administer and enforce a Title V program. The article starts with a history of the Clean Air Act, and an overview Texas’s Title V program and Texas Environmental, Health, and Safety Audit Privilege Act (Audit Act). Next, it covers the lawsuit from Public Citizen, Public Citizen v. E.P.A.. It also explains the decision from N.Y. Pub. Interest Research Group v. Whitman. It analyzes Texas’s ability to enforce the requirements of Title V by applying the standard of review and resonating from the court’s decisions in Public Citizen and Whitman to the issues arising from the Texas Audit Act. Lastly, this article explains why the Texas Audit Act does not prevent Texas from adequately enforcing any Title V requirement since it promotes the intent of the CAA. The audit act protects the public’s right to know, and provides the state an opportunity to work closely with regulated entities that cause air pollution.



Administrative law, Clean Air Act, CAA, Environmental law, Title V, Public Citizen, Inc. v. E.P.A., Environmental Protection Agency, EPA, N.Y. Pub. Interest Research Group v. Whitman, Texas Environmental, Health, and Safety Audit Privilege Act, Audit Act, Air pollution


8 Tex. Tech J. Tex. Admin. L. 69