Court Stays EPA’s Air Plan Disapprovals, Stalling CSAPR In Texas, Louisiana

The U.S. Court of Appeals for the 5th Circuit has stayed EPA’s disapproval of Texas and Louisiana’s interstate ozone pollution plans, likely stalling implementation of EPA’s expanded Cross-State Air Pollution Rule (CSAPR) in those states and retaining jurisdiction over litigation that the agency says belongs only in the D.C. Circuit. In a May 1 unpublished per curiam order , a divided 5th Circuit panel rejected EPA’s motions to either dismiss or transfer litigation brought by Texas, Louisiana, Mississippi and...