EPA Can't Reject Texas Air Quality Plan, 5th Circ. Says

Law360, New York (March 27, 2012, 7:36 PM EDT) -- The Fifth Circuit on Monday told the U.S. Environmental Protection Agency that it lacked legal basis for rejecting Texas' statewide implementation plan for federal air quality standards, ruling that the EPA acted arbitrarily and exceeded its authority when it struck down the plan.

When Texas revised its SIP in 2006 by changing the requirements for pollution control permits, the EPA disapproved of the revision because of the emission categories the state was using to determine permit eligibility, according to the ruling. But the agency failed to...
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