"A divided Fifth Circuit panel ruling to halt an EPA decision to disapprove key ozone plans in Texas and Louisiana foreshadows similar decisions across regional circuit courts that threaten to upend established precedent.
Texas and Louisiana will likely succeed in their claims that the Environmental Protection Agency acted capriciously by scrapping their air plans, according to the per curiam order issued by the US Court of Appeals for the Fifth Circuit on May 1.
Depending on how similar lawsuits pan out, Clean Air Act watchers say the precedent will affect EPA’s plans to implement major federal pollution limits.
States winning bids for stays across circuits is essentially “undermining a national rule,” according to Northeast States for Coordinated Air Use Management executive director Paul Miller. “It’s a workaround to having to challenge these actions in the D.C. Circuit,” he said."
Jennifer Hijazi reports for Bloomberg Environment May 5, 2023.
SEE ALSO:
"5th Circuit Blocks EPA Cuts Of Ozone Crossing State Lines" (New Orleans Times-Picayune)
