Texas’ Suit Poses New Test For EPA Policy On Air ‘Contingency Measures’

Texas officials have filed a new appellate lawsuit that seeks to test EPA’s already-contested policy on “contingency measures” that states are required to take if they miss milestones toward attainment of federal air quality standards, litigation that may open new circuit splits after courts earlier issued conflicting rulings on the issue. In its suit filed Dec. 5 in the U.S. Court of Appeals for the 5th Circuit, Texas seeks to scrap EPA’s recent disapproval of its state implementation plan (SIP)...