Environmentalists fight to keep Texas SIP suit in D.C. Circuit

Environmentalists fighting to keep their challenge to Texas’ Clean Air Act regulatory exemptions in the U.S. Court of Appeals for the District of Columbia Circuit are faulting EPA’s claim that the case belongs in the regional 5th Circuit, saying the case tests whether the agency can modify a “nationally applicable” policy to exclude certain states. At issue is EPA’s approval of Texas’ state implementation plan (SIP) provisions that provide an “affirmative defense” to shield industry from civil liability for emissions...