DC Circ. Cool To Challenge Of Smog Regs For Texas Cities

By Juan Carlos Rodriguez (May 9, 2022, 3:41 PM EDT) -- The D.C. Circuit on Monday appeared poised to toss green groups' lawsuit alleging the U.S. Environmental Protection Agency unlawfully weakened smog protections for Houston and Dallas.

During oral arguments, the three judges hearing the challenge never got past the question of whether the D.C. Circuit is the proper venue for the matter. The Sierra Club and Texas-based groups argued that under the Clean Air Act, the D.C. Circuit is the appropriate venue for the challenge because the rule — which nixed pollution control measures for the two Texas metropolitan areas — contains legal conclusions that could be applied nationally to other...

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