Amid Circuit Split, Industry Backs Texas’ Stance On ‘Contingency’ Measures

Energy industry groups are backing Texas’ suit challenging EPA’s disapproval of its state air quality plan over “contingency measures” (CMs) for ozone reduction, in a case that may deepen an existing circuit split on the issue and further undermine the agency’s policy that is already under attack elsewhere. In an amicus brief filed Feb. 28 in State of Texas v. EPA , pending before the U.S. Court of Appeals for the 5th Circuit, the Texas Oil & Gas Association,...