Case Updates
Texas Supreme Court holds that under regulations implementing the Texas Clean Air Act, “best available control technology” (BACT) includes only pollution control methods that have already been demonstrated to be operational in the real world
February 14, 2025
U.S. Chamber files amicus brief urging Texas Supreme Court to reject an unreasonable and unworkable interpretation of “best available control technology” (BACT) regulations that implement the Texas Clean Air Act
August 30, 2024
Because Texas regulations require that BACT be “proven to be operational,” BACT cannot include aspirational emissions limitations that were permitted for use at different facilities but are not yet proven to operate as projected.
Michael J. Woodrum and Jonathan D. Brightbill of Winston & Strawn LLP served as outside counsel.
Case Documents
- U.S. Chamber Amicus Brief -- Port Arthur Community Action Network v. Texas Commission on Environmental Quality (Texas Supreme Court)
- Opinion - Port Arthur Community Action Network v. Texas Commission on Environmental Quality (Texas Supreme Court)