EPA's Texas Haze Plan Stayed By 5th Circ.

Law360, New York (July 15, 2016, 7:42 PM EDT) -- The Fifth Circuit on Friday stayed the U.S. Environmental Protection Agency's plan to require improved visibility at national parks and wilderness areas in Texas through pollution controls at certain power plants.

The EPA had pushed to have the the Fifth Circuit dispute dismissed or transferred to the D.C. Circuit, saying the challenged action has a "nationwide scope or effect" and therefore could only be heard in the nation's capital. But the Fifth Circuit denied the motion to transfer and stayed the rule, saying the petitioners were likely to succeed on the merits.

"Petitioners have a strong likelihood of success in showing...

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