5th Circ. Nixes Challenge To Texas Ozone Plan

Law360, New York (August 14, 2008, 12:00 AM EDT) -- A federal appeals court has denied a Texas environmental group's challenge of an ozone-reduction plan for the Houston area put forth by Texas regulators and approved by the U.S. Environmental Protection Agency.

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit ruled on Wednesday that the EPA did not act arbitrarily and capriciously when it approved a mid-course review of Texas' state implementation plan for lowering ozone levels in Houston, Galveston and Brazoria counties.

The Galveston-Houston Association for Smog Prevention, a Houston-based...
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