Luminant Generation Co., et al. v. EPA

This case required the court to review the EPA's disapproval, more than three years after the time within which it was statutorily required to act, of three regulations promulgated by the State of Texas. 30 Tex. Admin. Code 116.610(a), 116,610(b), and 116.617. Pursuant to Texas's duty under the Clear Air Act (CAA), 42 U.S.C. 7401 et seq., to adopt and administer a statewide plan for implementing federal air quality standards, those regulations provided a standardized permit for certain projects that reduce or maintain current emissions rates. Because the EPA had no legal basis on which to disapprove those regulations, the court vacated the agency's disapproval of Texas's regulations and remanded with instructions. View "Luminant Generation Co., et al. v. EPA" on Justia Law