EPA Can't Evade Court Review Of Haze Plan, 5th Circ. Told

Law360, New York (December 20, 2016, 8:00 PM EST) -- Texas asked the Fifth Circuit on Monday to refuse the U.S. Environmental Protection Agency's offer to revise its regional haze plan for Texas and Oklahoma that is before the court, arguing the plan should be thrown out entirely.

The state, along with several utility and business groups, are fighting the EPA rule that replaced Texas and Oklahoma's plan for reducing regional haze at national parks and scenic areas. The EPA approved parts of the states' implementation plans, but altered them with a federal implementation plan that called for sulfur dioxide emission limitations at eight power plants in Texas. Texas's FIP, which...

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