Judges Appear To Back EPA’s Narrow Stance On Title V Permit Reviews

Judges on the U.S. Court of Appeals for the 5th Circuit appear to be leaning toward EPA’s view that the agency should not “second guess” states’ decisions on underlying requirements included in Clean Air Act Title V air operating permits, in the second lawsuit to test the Trump administration’s change of policy on such agency review. At oral argument June 10 in Environmental Integrity Project (EIP), et al., v. EPA, et al. , a three-judge panel of the 5th Circuit...