Nixing EPA Disapproval Of Texas' Flexible Permit Program

Law360, New York (August 28, 2012, 1:55 PM EDT) -- In the latest case centering on the review of a U.S. Environmental Protection Agency disapproval of a Texas state implementation plan (SIP) revision, on Aug. 13, 2012, the Fifth Circuit Court of Appeals overturned the EPA's disapproval of certain revisions that Texas made to its SIP in the 1990s.

The court's 2-1 decision in State of Texas, et al. v. EPA (No. 10-60614) vacated the EPA's final rule disapproving Texas' Flexible Permit Program and remanded the Flexible Permit Program back to the EPA for further consideration....
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