EPA Seeks Deference On Air Plan ‘Contingency’ Policy Amid Circuit Split

Seeking to reverse a circuit precedent, EPA is urging an appellate court to defer to its view that “contingency measures” (CMs) required in Texas air quality plans must be “prospective” and “conditional,” in a battle that may deepen a circuit split and create additional uncertainty about the agency’s policy on the issue. “EPA reasonably required Texas’s contingency measures to be both prospective and conditional, and further reasonably required Texas to meet its still outstanding obligations as soon as possible,” EPA...