5th Circuit Rules EPA Need Not ‘Second Guess’ State Air Permit Decisions

In a win for EPA, the U.S. Court of Appeals for the 5th Circuit has ruled that the agency need not “second guess” states’ Clean Air Act permitting decisions when it reviews so-called Title V operating permits, setting a court precedent that will hinder environmentalists’ ability to have courts scrutinize certain conditions of state-issued permits. In its unanimous May 29 opinion in Environmental Integrity Project (EIP), et al. v. EPA , the court rejects the effort by EIP and Sierra...