Case Updates
After EPA confesses error, Fifth Circuit vacates a long-stayed EPA rule under the Clean Air Act that imposed costly emission-control requirements on power plants in Texas
December 17, 2024
The U.S. Chamber and other state and local chambers intervened in this litigation, obtaining a stay pending review in 2016. EPA has conceded that key documents in the administrative record are no longer in EPA’s possession and that the rule cannot be explained or defended.
Victory in challenge to EPA’s $2 billion “regional haze” rule for Texas
March 22, 2017
The Fifth Circuit denied the Obama administration's request to vacate the stay. The case is placed in abeyance until the EPA, under the Trump administration, has a chance to reconsider the Texas Regional Haze Rule.
Motion for stay granted
July 15, 2016
The Fifth Circuit granted a motion to stay the rule pending resolution of the litigation, and rejected EPA’s attempt to transfer the case to the D.C. Circuit.
Case Documents
- Texas Association of Business, et al. Motion to Intervene in Support of Petitioners -- State of Texas, et al. v. EPA (Regional Haze Rule).pdf
- Texas Association of Business, et al. Opposition to EPA Motion to Dismiss or Transfer -- State of Texas, et al. v. EPA (Fifth Circuit) (Regional Haze Rule).pdf
- Supplemental Letter from State of Texas -- State of Texas, et al. v. EPA (Fifth Circuit) (Regional Haze Rule).pdf
- Industry Joint Supplemental Letter Brief -- State of Texas, et al. v. EPA (Fifth Circuit) (Regional Haze Rule).pdf
- EPA Supplemental Letter Brief -- State of Texas, et al. v. EPA (Fifth Circuit) (Regional Haze Rule).pdf
- Order Granting Stay Motion -- State of Texas, et al. v. EPA (Regional Haze Rule)
- Joint Abeyance Motion -- State of Texas, et al. v. EPA (Fifth Circuit) (Regional Haze Rule).pdf
- Order -- State of Texas, et al. v. EPA (Fifth Circuit) (Regional Haze Rule).pdf
- Vacatur Order -- State of Texas, et al. v. EPA (Fifth Circuit) (Regional Haze Rule)