5th Circ. Sides With EPA In Battle Over Texas Haze Rule

Law360, New York (March 22, 2017, 6:42 PM EDT) -- The Fifth Circuit on Wednesday rejected Texas' bid to strike down the U.S. Environmental Protection Agency's regional haze plan for the Lone Star State, instead granting the EPA's motion to send the existing regulations back to the agency for revision.

A three-judge panel ruled that the agency should be able to revise the rule on remand without having to start from scratch, even though the Fifth Circuit had previously said that Texas "demonstrated a substantial likelihood" that the EPA exceeded its Clean Air Act authority in issuing the rule.

Texas, along with utilities and business groups fighting the EPA's regional haze...

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