Texas v. United States Environmental Protection Agency
The Fifth Circuit, 2-1, denied petitions to review EPA's 2016 designation of two counties in Texas as nonattainment for the 2010 sulfur dioxide NAAQS. The state of Texas and the owner of a power plant located in one of the counties sought to have the designation vacated, arguing it violated the CAA ...
West Virginia v. United States Environmental Protection Agency
The Fourth Circuit, 2-1, granted West Virginia's motion to stay EPA's disapproval of its SIP addressing "good neighbor" obligations under the revised 2015 air quality standards for ozone. EPA's disapproval found the state would still contribute significantly to nonattainment or interfere with mainte...
Calumet Shreveport Refining, L.L.C. v. United States Environmental Protection Agency
The Fifth Circuit, 2-1, granted six small refineries' petitions to review an EPA decision denying their requested exemptions from obligations under the CAA Renewable Fuel Standard (RFS) program. The refineries challenged two actions—EPA's denial of 36 petitions from 36 small refineries seeking exe...
Port Arthur Community Action Network v. Texas Commission on Environmental Quality
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 n...