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Voter ID Law

The Cost Category Date filed

$1,728,330

Other

Jan. 23, 2012

The Case

Texas sued the Department of Justice, seeking court approval of its law to require voters to provide a photo ID at the polls. The law’s approval was required through the Voting Rights Act. The voter ID law itself is the target in another case.

Status: Withdrawn

The suit against the Justice Department was resolved when the U.S. Supreme Court decided in a separate 2013 case that states previously required to get preclearance for redistricting plans were no longer subject to federal approval.

Redistricting Plan

The Cost Category Date filed

$919,580

Other

July 19, 2011

The Case

Texas sued the U.S. Department of Justice, seeking court approval of its plan to redraw its congressional and legislative voting districts. The approval was required through the Voting Rights Act.

Status: Withdrawn

The case was resolved when the U.S. Supreme Court decided in a separate 2013 case that states previously required to get preclearance for redistricting plans were no longer subject to federal approval.

Obama's Executive Order

The Cost Category Date filed

$641,931

Immigration

Dec. 3, 2014

The Case

Texas and 24 other states sued the U.S. Department of Homeland Security over President Obama’s executive order granting deportation relief for as many as 5 million undocumented immigrants. The states say the president infringed on congressional authority over immigration laws.

Status: Win

A panel of three federal judges at the U.S. 5th Circuit Court of Appeals blocked Obama’s immigration plan in November 2015. After hearing an appeal, the U.S. Supreme Court deadlocked 4-4. That left the lower court ruling in place. Though the case returns to lower courts for hearings on the merits, the ruling was seen as a major victory for Texas and other opponents of the federal order.

Cross-State Air Pollution Rule

The Cost Category Date filed

$607,010

Air and Water Quality

Sept. 20, 2011

The Case

Texas sued the EPA over regulations introduced that year to address pollution drifting into other states.

Status: Loss

The U.S. Supreme Court upheld the rule in 2014 but asked the D.C. Circuit to consider some lingering issues. In July 2015, the D.C. Circuit directed the EPA to ease some emissions limits set for Texas, but the overall rule remains in place, prompting victory declarations from both Texas officials and environmental advocates.

Women's Health Program

The Cost Category Date filed

$358,157

Social Issues

March 16, 2012

The Case

Texas sued the U.S. Department of Health and Human Services, which refused to fund the state’s Women’s Health Program because of a Texas law that prohibits state dollars from going to groups affiliated with abortion providers.

Status: Withdrawn

A federal judge denied Texas’ request for an injunction to stop the federal health department from cutting off funding. Texas withdrew its case and chose to use state funds for the Women’s Health Program.

The Endangerment Finding

The Cost Category Date filed

$342,750

Climate Change

Feb. 16, 2010

The Case

Texas and industry groups sued the Environmental Protection Agency over the Endangerment Finding, a 2009 decision to regulate greenhouse gases on the basis that they contribute to global warming and “threaten the public health and welfare.”

Status: Loss

The D.C. Circuit Court of Appeals upheld the Endangerment Finding in 2012, along with several other climate change regulations Texas was challenging. The U.S. Supreme Court declined to hear an appeal.

Clean Power Plan

The Cost Category Date filed

$156,187

Climate Change

Oct. 23, 2015

The Case

Texas joined a coalition of 24 states to sue the EPA over President Obama’s Clean Power Plan, one of his most sweeping proposals yet to address climate change by slashing carbon emissions from power plants.

Status: Pending

The case is pending in the D.C. Circuit Court of Appeals. But the U.S. Supreme Court has blocked the regulation as litigation continues in a decision that was seen as an early victory for Texas and opponents of federal plan.

Waters of the U.S. Rule

The Cost Category Date filed

$138,433

Air and Water Quality

June 29, 2015

The Case

Texas sued the EPA over the Waters of the U.S. rule, which is aimed at clarifying the waters that are under the federal government’s jurisdiction.

Status: Pending

The case is pending in the U.S. Southern District Court of Texas, and Texas has also filed the lawsuit with the U.S. 5th Circuit Court of Appeals. In October 2015, The U.S. 6th Circuit Court of Appeals, in a case filed by other states challenging the regulation, issued a nationwide stay — blocking the rule as it winds through the courts.

Red River Land Dispute

The Cost Category Date filed

$138,338

Other

Nov. 18, 2015

The Case

Attorney General Ken Paxton intervened on behalf of Texas landowners in a complicated dispute over who owns a stretch of land along the meandering Red River. The General Land Office [has also intervened] (http://www.glo.texas.gov/the-glo/news/press-releases/2015/december/land-commissioner-bush-intervenes-in-lawsuit-against-unconstitutional-seizure-of-private-property-by-the-blm.html), and the cost reported includes figures provided by both agencies.

Status: Pending

The lawsuit is currently pending in the Wichita Falls division of the U.S. District Court for the Northern District of Texas.

Red Snapper Limits

The Cost Category Date filed

$96,477

Other

April 22, 2013

The Case

Texas and Louisiana sued the National Marine Fisheries Service for shortening the red snapper fishing season in federally governed waters off Texas’ coast. Texas argued this was done to unfairly punish the state for lax red snapper fishing regulations in its own waters.

Status: Win

A federal judge in Brownsville agreed with Texas, issuing a ruling in 2013 that gave anglers more than two extra weeks to harvest red snapper in federal waters off the Texas coast.

Pollution Control Permitting

The Cost Category Date filed

$84,155

Air and Water Quality

Dec. 12, 2010

The Case

Texas’ pollution control permitting program lets industrial facilities bypass some burdensome regulations if they reduce their air emissions. After waiting for the EPA to weigh in on the program for years, Texas got a rejection in the fall of 2010, and promptly sued that December alongside one of the state’s biggest power companies, Luminant.

Status: Win

In March 2012, the U.S. 5th Circuit Court of Appeals in New Orleans ruled in favor of Texas and said the EPA had illegally disapproved of the permitting program.

2016 Regional Haze Plan Suit

The Cost Category Date filed

$82,599

Air and Water Quality

Feb. 29, 2016

The Case

Texas sued the EPA in February 2016 for rejecting parts of a seven-year-old state proposal to reduce haze in wilderness areas.

Status: Pending

In July 2016, the U.S. 5th Circuit Court of Appeals handed down a preliminary victory to Texas by allowing the case to move forward and temporarily halting the EPA’s actions that the state had challenged. The case is still pending in that court.

Hiring Guidelines

The Cost Category Date filed

$73,283

Business Regulation

Nov. 4, 2013

The Case

Texas sued the Equal Employment Opportunity Commission over its hiring guidelines, which said that employer policies of not hiring felons could violate federal anti-discrimination law. The state argued that the guidelines were in conflict with state law and jeopardized public safety.

Status: Pending

The U.S. Court for the Northern District of Texas dismissed the suit in 2014. But the U.S. 5th Circuit Court of Appeals reversed that decision in June 2016, and the case has been remanded for further consideration.

Qualified Facilities Program

The Cost Category Date filed

$49,775

Air and Water Quality

June 11, 2010

The Case

Texas and oil and gas companies sued the EPA over its decision to reject the state’s “qualified facilities” program, which allowed some small or midsize industrial facilities to skip certain steps when seeking environmental permits.

Status: Loss

The U.S. 5th Circuit Court of Appeals upheld the EPA’s decision in 2012 and later denied a rehearing request from Texas.

Flexible Permit Program

The Cost Category Date filed

$41,534

Air and Water Quality

July 26, 2010

The Case

Texas and industry groups sued the EPA after it nixed the state’s “flexible permit” program, which asked small or midsize industrial facilities to keep their emissions under a “capped” number.

Status: Win

The U.S. 5th Circuit Court of Appeals ruled in the state’s favor in 2012. In 2014, the EPA officially approved most of the flexible permitting program.

Affordable Care Act

The Cost Category Date filed

$40,522

Other

March 23, 2010

The Case

Texas and 12 other states challenged the constitutionality of the federal Affordable Care Act, claiming parts of the law — including the individual mandate and expansion of Medicaid — exceeded federal authority.

Status: Loss

The U.S. Supreme Court decided in 2012 that the law was constitutional. The justices also clarified that the individual mandate was permissible under Congress’ power to levy taxes but that forcing an expansion of Medicaid was unconstitutional.

The Mercury Rule

The Cost Category Date filed

$36,871

Air and Water Quality

April 16, 2012

The Case

Texas and a coal plant developer sued the EPA over the agency’s new limits on mercury and other toxic chemical emissions from power plants.

Status: Win

In June 2015, The Supreme Court upheld Texas’ challenge in a 5-4 decision and struck down the EPA’s mercury regulations. The agency will now have to rewrite them.

Industrial Plant Regulation

The Cost Category Date filed

$35,402

Air and Water Quality

July 10, 2015

The Case

Texas sued the Environmental Protection Agency after regulators rejected parts of the state’s clean air program. The EPA directed the state to revisit how it regulates pollution from industrial plants. Texas must submit new regulation plans by November 2016.

Status: Pending

The case is pending in the U.S. 5th Circuit Court of Appeals.

Sulfur Dioxide Rule

The Cost Category Date filed

$33,718

Air and Water Quality

Aug. 23, 2010

The Case

Texas and North Dakota sued the EPA over rules that limited how much sulfur dioxide could be in the air.

Status: Loss

The D.C. Circuit Court of Appeals rejected Texas’ argument in 2012. And Texas has not appealed.

Sulfur Dioxide Designation

The Cost Category Date filed

$29,163

Air and Water Quality

Sept. 11, 2013

The Case

Texas and three other states sued the EPA for taking too long to decide which areas of the country had too much sulfur dioxide in the air. The state also intervened in lawsuits filed by the Sierra Club on the same issue, and the cost reported includes figures provided by the agency for all such lawsuits.

Status: Pending

The case is pending in the U.S. 9th Circuit Court of Appeals.

Same-Sex Couple Benefits

The Cost Category Date filed

$28,242

Social Issues

March 18, 2015

The Case

Attorney General Ken Paxton sued the U.S. Labor Department for allowing federal medical leave benefits for certain same-sex couples.

Status: Withdrawn

In July 2015, Paxton filed a voluntary dismissal of the lawsuit with the U.S. Northern District Court of Texas. The move came almost a month after the U.S. Supreme Court ruled that same-sex marriage bans are unconstitutional.

Greenhouse Gas Plan "Takeover"

The Cost Category Date filed

$27,028

Climate Change

May 4, 2011

The Case

After Texas refused to submit its plan to follow the greenhouse gas rule, the EPA wrote its own plan for the state. The state sued, calling the agency’s action a “takeover” of state affairs.

Status: Loss

In 2013, the D.C. Circuit Court of Appeals dismissed the case. Texas has asked for a rehearing, though the actual greenhouse gas rule was largely upheld.

Cross-State Air Pollution and Greenhouse Gases

The Cost Category Date filed

$25,609

Climate Change

Feb. 23, 2012

The Case

Texas sued the EPA for rejecting the state’s plan to address air pollution that drifts into other states. The EPA had disapproved of the plan because it didn’t include steps to follow the recently announced greenhouse gas rule, which Texas was also challenging in court.

Status: Withdrawn

According to court records, Texas withdrew this lawsuit in late 2015 after the EPA approved its plan. The Supreme Court largely upheld the EPA’s greenhouse gas rule in 2014.

Greenhouse Gas Plan

The Cost Category Date filed

$25,252

Climate Change

Dec. 15, 2010

The Case

Texas and industry groups sued the EPA for asking states to submit a plan on how they would follow a new rule that would regulate greenhouse gas emissions from big industrial plants.

Status: Loss

In 2013, the D.C. Circuit Court of Appeals dismissed the case. Texas has asked for a rehearing, though the actual greenhouse gas rule was largely upheld.

Wise County Ozone

The Cost Category Date filed

$25,122

Air and Water Quality

July 19, 2012

The Case

Texas sued the EPA for adding Wise County, a largely rural county, to a previously defined region of North Texas counties whose smog pollution level violates federal law.

Status: Loss

The D.C. Circuit Court of Appeals rejected Texas’ challenge in June 2015. Texas did not appeal the court’s denial of all petitions for review.

Ground-Level Ozone Standards

The Cost Category Date filed

$20,850

Air and Water Quality

Dec. 22, 2015

The Case

Texas filed suit over the EPA’s tightened standards on ground-level ozone — which aim to crack down on pollution coming from factories, power plants and vehicle tailpipes. Texas Attorney General Ken Paxton said the rule isn’t supported by scientific data and will unnecessarily harm the state’s economy.

Status: Pending

The case is pending in the U.S. Court of Appeals for the District of Columbia.

2012 Regional Haze Plan Suit

The Cost Category Date filed

$19,823

Air and Water Quality

Aug. 6, 2012

The Case

Texas sued the EPA after the agency rejected its plan for reducing regional haze, which involves cutting sulfur dioxide emissions. The challenge was based in part on Texas’ lawsuit over the Cross-State Air Pollution Rule, which factors into the regional haze plan.

Status: Pending

The U.S. Supreme Court ruled in 2014 that the Cross-State Air Pollution Rule was legal, but Texas is challenging other aspects of the EPA’s regional haze rule; that case is pending in the D.C. Circuit Court of Appeals.

Affordable Care Act Fee

The Cost Category Date filed

$19,615

Other

Oct. 22, 2015

The Case

Texas joined Kansas and Louisiana in suing the U.S. Department of Health and Human Services and the Internal Revenue Service over a fee the states pay to help fund President Obama’s sweeping federal health reform law. Texas feels the effect of the federal Health Insurance Providers Fee, levied on insurers, because the state reimburses the companies that operate with public funds in its privatized Medicaid program. Texas says having to pay up under the threat of losing other sources of federal funding amounts to “coercion.”

Status: Pending

The case is pending in a North Texas federal court.

Pipeline Reporting Requirements

The Cost Category Date filed

$19,000

Business Regulation

March 22, 2010

The Case

Texas sued the Federal Energy Regulatory Commission over an order that natural gas pipelines in Texas make daily internet posts about their business activities.

Status: Win

The U.S. 5th Circuit Court of Appeals agreed with Texas that the order exceeded the commission’s authority, and the order was vacated in October 2011.

Drilling Moratorium

The Cost Category Date filed

$15,234

Other

Aug. 11, 2010

The Case

Texas sued the U.S. Department of the Interior after the department imposed a deep-water offshore drilling moratorium following the Deepwater Horizon oil spill in the Gulf of Mexico.

Status: Withdrawn

Texas withdrew the suit after the drilling moratorium was lifted.

Particulate Matter Rule

The Cost Category Date filed

$12,942

Air and Water Quality

Dec. 20, 2010

The Case

Texas challenged the EPA’s new restrictions on particulate matter pollution — tiny particles that can get lodged in people’s lungs — from big industrial plants.

Status: Pending

The EPA agreed to reconsider an administrative, nonlegal challenge Texas had already filed against the rule, and the lawsuit is pending based on the agency’s decision.

Air Quality Plan

The Cost Category Date filed

$9,709

Air and Water Quality

March 14, 2011

The Case

Texas sued the EPA for rejecting the state’s air quality plan that relied in part on the state’s pollution control project permitting program, which the EPA had also rejected.

Status: Win

In 2012, the U.S. 5th Circuit Court of Appeals said the EPA had illegally disapproved of Texas’ pollution control permitting program, which took away the agency’s basis for rejecting Texas’ air quality plan.

Syrian Refugee Resettlement

The Cost Category Date filed

$6,619

Immigration

Dec. 2, 2015

The Case

In its lawsuit, Texas claims the federal government and the International Rescue Committee — one of about 20 private nonprofits that have a state contract to resettle refugees in Texas — are violating federal law by moving forward with the planned resettlement of two Syrian families.

Status: Loss

A U.S. district court judge dismissed Texas’ attempt to block Syrian refugees from resettling in the state. The Dallas-based judge ruled that Texas did not have grounds to sue the federal government in the case and failed to provide a “plausible claim” that a refugee resettlement nonprofit breached its contract. At the time, Paxton said his office was “considering our options moving forward.”

Education Funding

The Cost Category Date filed

$6,105

Other

Sept. 23, 2010

The Case

Texas sued the U.S. Department of Education after it denied the state’s application for $830 million in education funding.

Status: Withdrawn

The state withdrew its case after Congress repealed an amendment by U.S. Rep. Lloyd Doggett, D-Austin, that was tied to withholding the funding.

Green Completion Rule

The Cost Category Date filed

$5,448

Air and Water Quality

Oct. 15, 2012

The Case

Texas challenged the EPA’s new restrictions on pollution from hydraulically fractured natural gas wells.

Status: Withdrawn

The state withdrew its case two months later.

Greenhouse Gas Rule

The Cost Category Date filed

$3,595

Climate Change

June 1, 2010

The Case

Texas and industry groups sued the EPA over its regulation of greenhouse gas emissions at big industrial facilities like power plants and refineries, arguing that the EPA illegally tweaked the Clean Air Act and that it did not have the authority to regulate greenhouse gas emissions from industrial plants.

Status: Loss

While the U.S. Supreme Court ruled in 2014 that the EPA was not allowed to tweak the Clean Air Act the way it did, the ruling had almost no practical effect. That’s because the court also decided the EPA can regulate greenhouse gases for most big industrial facilities without using the illegal tweak.

The Tailpipe Rule

The Cost Category Date filed

$2,440

Climate Change

July 7, 2010

The Case

Texas and industry groups sued the EPA over the Tailpipe Rule, which set greenhouse gas emissions standards for cars and light trucks.

Status: Loss

The D.C. Circuit Court of Appeals upheld the Tailpipe Rule in 2012, along with several other climate change regulations Texas was challenging. The U.S. Supreme Court declined to hear an appeal.

EPA Records

The Cost Category Date filed

$860

Air and Water Quality

July 16, 2013

The Case

Texas and 11 other states sued the EPA after their Freedom of Information Act requests were denied. The states were seeking records of EPA legal negotiations with environmental groups over clean air regulations.

Status: Loss

A federal court in Oklahoma dismissed the case in 2013.

Financial Oversight

The Cost Category Date filed

$61

Business Regulation

Feb. 13, 2013

The Case

Texas and 10 other states joined a Texas bank in a lawsuit challenging the Dodd-Frank financial regulations. They argued that three federal oversight groups received too much power affecting state-level financial interests.

Status: Pending

In July 2015, a D.C. Circuit Court judge said that Texas and the other states do not have standing to sue but affirmed the right of the bank plaintiffs’ lawsuit to go forward. That case is pending.

ACA Contraception Coverage

The Cost Category Date filed

Not Available

Social Issues

Feb. 23, 2012

The Case

Texas and six other states sued the U.S. Department of Health and Human Services over the Affordable Care Act, aiming to exempt religious organizations from having to subsidize contraception and related services that conflict with their religious beliefs.

Status: Withdrawn

A federal district court judge in Nebraska dismissed the case in 2012. The states appealed but withdrew their case in 2013 when the Obama administration changed the rules to make them more favorable to religious organizations.

The Labor Department's "Persuader Rule"

The Cost Category Date filed

Not Available

Business Regulation

May 19, 2016

The Case

Texas and several other states intervened in a lawsuit — filed by several business groups — seeking to thwart a new U.S. Department of Labor rule requiring employers to publicly disclose the use of consultants (lawyers included) aimed at persuading workers regarding collective bargaining or organizing unions. Previously, those parties were exempted from reporting in certain circumstances. The states argued that the rule would jeopardize attorney-client privilege.

Status: Pending

In June 2016, a U.S. District Court in Fort Worth blocked the rule as it wound through court, drawing cheers from Texas Attorney General Ken Paxton. But the case is still pending in that court.

Transgender Guidelines for School Bathrooms

The Cost Category Date filed

Not Available

Social Issues

May 25, 2016

The Case

In May 2016, Texas led a group of 11 states in a lawsuit to stop a federal directive instructing school districts to let transgender students use the bathroom that corresponds with their gender identity.

Status: Pending

The lawsuit is currently pending in the Wichita Falls division of the U.S. Northern District of Texas Court.

Oilfield Methane Limits

The Cost Category Date filed

Not Available

Climate Change

July 29, 2016

The Case

Texas sued the EPA over its rules aimed at slashing methane emissions from oil and gas producers. Attorney General Ken Paxton called the rules “a gross demonstration of federal overreach” and accused regulators of failing to consider the price tag for the industry to comply.

Status: Pending

Filed in the U.S. Court of Appeals for the District of Columbia Circuit, the challenge has been consolidated with those from other states.

Transgender Health Policy

The Cost Category Date filed

Not Available

Social Issues

Aug. 23, 2016

The Case

Texas sued the federal government over a regulation prohibiting discrimination against transgender individuals in some health programs. Texas and four other states claim the new federal regulation would force doctors to perform gender transition procedures on children.

Status: Pending

The lawsuit is currently pending in the Wichita Falls-based District Court for the Northern District of Texas.

The Overtime Rule

The Cost Category Date filed

Not Available

Business Regulation

Sept. 20, 2016

The Case

Texas is leading a lawsuit against President Barack Obama’s administration over a new rule that makes millions more workers eligible for overtime pay. Critics of the rule say it will place a new burden on businesses. The Labor Department says that the policy is on sound legal footing.

Status: Pending

The lawsuit is currently pending in the Sherman-based Eastern District Court of Texas.

The Internet "Giveaway"

The Cost Category Date filed

Not Available

Other

Sept. 28, 2016

The Case

Texas Attorney General Ken Paxton joined a lawsuit aiming to halt the Obama administration’s plan to cede oversight of the internet domain-name system to an international body. Critics claim the transition could open up the Internet to censorship by countries like China and Russia. Administration officials say such concerns are unfounded.

Status: Pending

The lawsuit is currently pending in the Galveston-based Southern District Court of Texas.

Seized Execution Drugs

The Cost Category Date filed

Not Available

Other

Jan. 3, 2017

The Case

Texas sued the U.S. Food and Drug Administration for what it says is an “unreasonable delay” in deciding whether to allow the delivery of execution drugs from India. The FDA seized 1,000 vials of sodium thiopental at a Houston airport.

Status: Pending

The lawsuit is currently pending in the Galveston-based Southern District Court of Texas.

Stream Protection Rule

The Cost Category Date filed

Not Available

Air and Water Quality

Jan. 17, 2017

The Case

Texas and 13 other states sued the federal government to block a federal rule limiting coal mining near waterways. Paxton said the “the federal agency adopted the revised rule without the participation of the states.”

Status: Pending

The lawsuit is currently pending in the U.S. District Court for the District of Columbia.

Protection of Visibility Rule

The Cost Category Date filed

Not Available

Air and Water Quality

Jan. 18, 2017

The Case

Paxton has asked for a review of a regulation aimed at curbing hazy conditions in national parks and wilderness areas in Texas and surrounding states. The regulation requires states to craft plans about how to go about doing so. Paxton said the regulation gives federal land managers powers they don’t have under federal clean air laws.

Status: Pending

The lawsuit is currently pending in the U.S. Court of Appeals for the District of Columbia.