The Fifth Circuit Court of Appeals has stayed the U.S. Environmental Protection Agency’s (EPA) Final Rule partially imposing a Federal Implementation Plan (FIP) on the States of Texas and Oklahoma under the federal Clean Air Act (CAA). The court held that Texas, and other affected parties (petitioners) demonstrated a likelihood of success on the merits of their contention that EPA acted arbitrarily, capriciously, and outside its statutory authority in partially disapproving Texas and Oklahoma’s State Implementation Plans (SIPs) and imposing a FIP to replace portions of the plans EPA considered deficient. The court found that petitioners demonstrated a threat of irreparable harm and public interest requiring a stay.
(Danielle Sakai, Miles Krieger)