Texas and Utilities Raise Loper Bright Concerns in Ozone Ruling

Texas and power plant operators want the Fifth Circuit to rehear their Good Neighbor ozone emissions petition with a fuller suite of judges, according to an en banc rehearing request.

Texas, Luminant Generation Company LLC, Coleto Creek Power, and other utility companies filed two requests for rehearing on May 9 over a ruling that quashed petitions for review of an Environmental Protection Agency Good Neighbor action.

The petitions argue the panel was wrong to defer to agency interpretation under the Biden administration, which denied multiple State Implementation Plans to make way for more stringent rules governing wandering ozone emissions across ...