Texas Challenge To EPA Ozone Classification Foreshadows Trump Policy

Texas is challenging EPA’s policy requiring areas voluntarily reclassified to worsened ozone “nonattainment” status to retain planning obligations tied to their prior, less-serious status, in litigation that could guide how the incoming Trump administration handles the issue when it decides the fate of a Biden EPA plan to codify the approach nationally. In their opening brief filed Nov. 26 in the U.S. Court of Appeals for the 5th Circuit in State of Texas, et al. v. EPA , Texas and...