Appeals Court Vacates EPA Rejection Of Texas 'Flexible' Air Permit Program

August 14, 2012
A federal appeals court has vacated EPA's rejection of Texas' "flexible" air permitting program in a ruling that sets strict limits on the agency's authority to disapprove state air rules, saying EPA erred by rejecting the permit program based on ambiguous language that the agency feared could let industry dodge Clean Air Act requirements. The 2-1 decision issued Aug. 13 by the U.S. Court of Appeals for the 5th Circuit also bolsters states' ability to pursue flexible programs for meeting...


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