DC Circ. Allows EPA Takeover Of Texas Air Program

Law360, New York (January 12, 2011, 7:49 PM EST) -- The D.C. Circuit decided Wednesday not to preliminarily block an effort by the U.S. Environmental Protection Agency to take over the greenhouse gas portion of Texas' air permitting program.

In a per curiam order, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit denied the state's motion for a stay and dissolved another, short-lived administrative stay that was entered into on Dec. 30.

“Petitioners have not satisfied the stringent standards required for a stay pending court review,” the order said....
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