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)
Fifth Circuit Stays EPA’s Texas and Oklahoma Clean Air Act Rule State of Texas et al. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 16-60118 (5th Cir. July 15, 2016).
Environmental, Energy and Climate Change Law & Regulation
California Department of Fish and Wildlife Issues Instream Flow Recommendations for Mill, Deer and Antelope Creeks Ahead of Amendments to Water Quality Control Plan
By Wes Miliband with Kevin Harris On February 21, the State Water Resources Control Board (SWRCB) received a letter from the California Department of Fish and Wildlife (CDFW) recommending instream flow [...]
