EPA Denial of Texas Ozone Pollution Plan Divides Fifth Circuit

Texas struggled to convince a federal appeals panel that the Environmental Protection Agency abused its discretion when it disapproved the state’s air quality plan almost ten years ago.

The Clean Air Act’s deadline directions for EPA enforcement appeared to trip up a federal appeals panel during oral arguments Tuesday for a challenge brought by Texas.

After Texas argued Loper Bright v. Raimondo opened scrutiny into the agency’s deference for the rule’s enforcement in briefs filed last year, the US Court of Appeals for the Fifth Circuit grilled both the petitioner and agency over the state’s ozone plan and the EPA’s ...