ELR Citation: 53 ELR 20176
No(s). 22-60556 (5th Cir. Nov 14, 2023)

The Fifth Circuit vacated the Texas Commission on Environmental Quality's (TCEQ's) order granting a PSD permit for a new liquefied natural gas (LNG) facility in Texas. An environmental group petitioned for review, arguing TCEQ erred by not imposing the same emissions limits for carbon monoxide and nitrogen oxides on the proposed facility that it previously imposed on another recently approved LNG facility. The court found TCEQ's order departed from the Commission's policy of adhering to earlier permit limits, and that the Commission failed to adequately explain why it did so. It vacated the order and remanded to TCEQ for further proceedings.