ELR Citation: 54 ELR 20171
No(s). 16-60118 (5th Cir. Dec 17, 2024)

The Fifth Circuit granted EPA's motion to vacate its disapprovals of portions of regional haze SIPs submitted by Texas and Oklahoma and the issuance of federal implementation plans (FIPs) establishing a long-term strategy and/or reasonable progress goals for the states. EPA argued that because key documents in the administrative record were no longer in the Agency's possession, the record did not contain statutorily required information necessary for judicial review of the final rule issuing the FIPs. The court found that absent evidence the Agency admitted was key in adjudicating the rule, the rule was arbitrary and capricious and must be vacated. It granted EPA's motion and vacated the final rule.