5th Circ. Denies EPA Bid To Nix Texas Air Quality Provision

Law360, New York (October 25, 2012, 1:13 PM EDT) -- The Fifth Circuit on Wednesday struck down the U.S. Environmental Agency's rejection of a provision of Texas' revised statewide implementation plan for federal air quality standards for electric facilities, seven months after the appeals court said the agency had no legal basis for denying the revisions.

A three-judge panel vacated the EPA's decision not to approve the provision, Section 116.911(a)(2), which requires owners and operators of certain electric generating facilities to demonstrate that any newly proposed pollution control methods comply with Texas' SIP.

The agency's sole...
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