EPA Wrongly Rejected Texas Permit Program, 5th Circ. Says

Law360, New York (August 14, 2012, 2:50 PM EDT) -- In a split decision, the Fifth Circuit ruled Monday that the U.S. Environmental Protection Agency overstepped its regulatory authority in violation of the Clean Air Act when it belatedly rejected revisions to Texas' state plan for issuing air permits.

The three-judge panel ruled that the EPA waited too long — 16 years — to reject Texas' Flexible Permits program on the grounds the state didn't include clear enough language barring major polluters from exceeding federal emissions standards, and said the agency intruded on the state's discretion...
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