Law360 (August 13, 2020, 4:46 PM EDT) -- The Fifth Circuit on Thursday refused to rehear a challenge to an air pollution permit Exxon Mobil Corp. needs to expand a petrochemical plant in Texas.
Siding with the U.S. Environmental Protection Agency's argument that it was proper to defer to the state's permitting decisions when it approved an application to enlarge the plant, the Fifth Circuit refused environmental groups' request to rehear the case en banc after a three-judge panel ruled in favor of the EPA's decision not to object to the permit in May.
The circuit noted in its refusal that the decision was a narrow one that wouldn't bar the Environmental Integrity Project and Sierra...
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