Texas Attorney General Ken Paxton's Environmental Lawsuits: A Legacy of Controversy

Ken Paxton's tenure as Texas Attorney General has been marked by a relentless pursuit of lawsuits against the federal government, particularly in the realm of environmental regulation. However, his brazen tactics and alleged misconduct have finally caught up with him, leading to impeachment proceedings and scrutiny of his handling of environmental cases.
Introduction: In 2015, Ken Paxton, the newly elected attorney general of Texas, made headlines by giving a keynote speech at a right-wing think tank event, where he proclaimed his intention to sue the federal government over environmental regulation. This marked the beginning of Paxton's crusade against what he saw as government overreach, a campaign that would define his tenure as attorney general. However, Paxton's controversial tactics and alleged misconduct have finally led to his downfall, with impeachment proceedings and questions about his handling of environmental cases. Body:
A Swift Rise to Power
Paxton's political rise was swift, going from state representative to state senator to attorney general in just three years. He quickly established himself as a prominent ally of President Trump, sharing his anti-environmental and anti-immigration views. Despite facing indictment for securities fraud early in his tenure, Paxton managed to escape trial for eight years, winning re-election in 2018 and 2022.
A Legacy of Lawsuits
During his time as attorney general, Paxton participated in multistate lawsuits against the federal government at a rate three times that of his predecessor, Governor Greg Abbott. Nearly half of these cases focused on energy and environmental issues, with Paxton fighting against regulations aimed at reducing carbon dioxide emissions, protecting rivers and streams, and cutting pollution from cars and trucks. Paxton's office also centralized state authority over environmental litigation, making it more difficult for community groups and counties to sue major polluters.
The Impact on Texas' Environment
Paxton's tenure has been described as a "disaster" for Texas' air, water, and climate by environmental advocates. The legislation backed by Paxton has hamstrung environmental groups and county attorneys, preventing them from suing major polluters effectively. Local officials argue that Paxton's office has allowed companies to escape with minimal penalties, undermining efforts to protect the environment and public health.
Platform Shopping and Aggressive Tactics
Paxton's success in his lawsuits against the federal government can be attributed to his aggressive tactics and "platform shopping," where he cherry-picks venues with sympathetic judges. By filing cases in Texas courts, particularly in the Amarillo division, Paxton has increased his chances of success. His office has also become more involved in federal rulemaking processes, filing comments and developing arguments that can be used in lawsuits after the rules are finalized.
Limiting Local Environmental Lawsuits
Paxton has also used his position to limit the ability of local entities, such as county attorneys and community groups, to bring environmental lawsuits. Legislation passed under Paxton's influence requires these entities to give the attorney general's office a 90-day notice before filing suit, allowing Paxton to intervene and take over the case. This has led to concerns that the attorney general's office is prioritizing the interests of larger corporate polluters over the needs of local communities. Conclusion: Ken Paxton's tenure as Texas Attorney General has been marked by a relentless pursuit of lawsuits against the federal government, particularly in the realm of environmental regulation. However, his brazen tactics and alleged misconduct have finally caught up with him, leading to impeachment proceedings and scrutiny of his handling of environmental cases. As the trial in the Texas Senate begins, the legacy of Paxton's environmental lawsuits remains a contentious issue, with environmental advocates and local officials arguing that his actions have undermined efforts to protect Texas' air, water, and climate.