Judges Appear Skeptical Of Suit Over Texas 'Flexible' Air Permits Program

摘要

Appellate judges at July 7 oral arguments appeared skeptical of environmentalists' suit claiming that Texas' EPA-approved "flexible" Clean Air Act permit program could allow unlawful circumvention of federal new source review (NSR) air permit requirements, saying advocates failed to prove injury under the program to justify the challenge. According to a recording of arguments - which did not identify which U.S. Court of Appeals for the 5th Circuit judge was talking - the panel hearing the case, Environmental Integrity Project (EIP), et al. v. EPA, also noted that the agency and the state are both defending the program. "When you see the EPA and Texas at the same counsel table, you know you have got your work cut out for you," one judge told EIP's Executive Director Eric Schaeffer.