ELR Citation: 55 ELR 20135
No(s). 16-60670 (5th Cir. Sep 22, 2025)

The Fifth Circuit, 2-1, denied a challenge to EPA's disapproval of a good neighbor SIP submitted by Texas in 2012 asserting that the state's contributions to ozone pollution in other states were not significant enough to require mitigation. EPA rejected the SIP on the grounds that it did not adequately address the full set of statutory requirements under the CAA and that its conclusions were unsupported by sufficient analysis. Texas petitioned for review, arguing it was entitled to additional process and that EPA's reasoning was arbitrary. The court found EPA's procedure complied with the statutory requirements and that its reasoning was sound. It denied the petition.