5th Circuit Reverses Texas Air Quality Plan Review Denial After New EPA Notice

Mealey's ( March 20, 2026, 7:56 AM EDT) -- NEW ORLEANS — In a substitute opinion filed on the heels of petitions for rehearing en banc, a Fifth Circuit U.S. Court of Appeals panel reversed a prior ruling denying a petition for review of the U.S. Environmental Protection Agency’s disapproval of Texas’ state implementation plan (SIP) for air quality in light of a recently issued notice of a proposed rule and reconsideration of the 2015 eight-hour Ozone National Ambient Air Quality Standards (NAAQS) showing that the federal agency relied on newer modeling and data when it disapproved the plan....

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