Luminant Generation Company, et al v. U.S. EPA

Oct 12: In the U.S. Court of Appeals, Fifth Circuit, Case No. 10-60934. Petitions for Review of Orders of the Environmental Protection Agency. In this high-profile case that was decided by the Fifth Circuit on July 30, 2012 [See WIMS 8/1/12], the Appeals Court has ordered that the opinion previously filed in this case is withdrawn and a new opinion is substituted.

 

    The Appeals Court explains, "Two sets of petitioners, hereinafter referred to as 'Industry Petitioners' and 'Environmental Petitioners,' seek review of the United States Environmental Protection Agency's (EPA) final rule partially approving and

partially disapproving the most recent revision to Texas's State Implementation Plan (SIP) submitted by the Texas Commission on Environmental Quality (TCEQ) pursuant to the Clean Air Act (CAA or the Act), 42 U.S.C. § 7401 et seq. Because we find that the EPA did not act arbitrarily or capriciously, or contrary to law, or in excess of its statutory authority, in its partial approval and

partial disapproval of Texas's SIP revision, we deny both petitions for review."

 

    The substituted opinion appears to reach the same conclusion, "we conclude that the EPA did not act arbitrarily or capriciously, contrary to law, or in excess of its statutory authority, in its partial approval and partial disapproval of Texas's SIP revision. We therefore deny the petitions for review submitted by both Environmental Petitioners and Industry Petitioners."

 

    Access the complete substituted opinion (click here). Access the complete original opinion (click here). [#Air, #CA5]

 

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