Appeals Court Vacates EPA Rejection Of Texas ‘Contingency’ Air Measures

The U.S. Court of Appeals for the 5th Circuit has scrapped EPA’s disapproval of a Texas air quality plan that the agency faulted over its use of pre-existing “contingency measures” (CMs), remanding the issue to EPA to allow a rethink in the wake of the Supreme Court’s recent decision limiting judicial deference on questions of statutory interpretation. In a brief Aug. 22 order in Texas v. EPA , the court says EPA’s “opposed motion for voluntary remand to the Environmental...