5th Circuit Judges Weigh Legal Bid To Overhaul EPA NAAQS Designations

Appellate judges at oral argument weighed Texas’ novel lawsuit that aims to upend EPA’s long-established process for designating which areas are attaining or failing to attain national ambient air quality standards (NAAQS), with Texas pushing an unusual Clean Air Act argument that would give states more power to issue the findings. At Oct. 9 argument in State of Texas, et al. v. EPA, et al . , Judges Edith Brown Clement, Jennifer Walker Elrod and Kyle Duncan of the U.S...