The United States Court of Appeals for the Fifth Circuit recently vacated U.S. EPA’s disapproval of Texas’ statewide implementation plan for administering federal air quality standards. See Luminant Generation Co., LLC v. U.S. EPA, Case No. 10-60891. Among other things, it found that “EPA had no legal basis on which to disapprove those regulations,” and that no deference was owed to certain of EPA’s interpretations of law.
Read the whole thing.