LUMINANT GENERATION COMPANY, L.L.C.; Oak Grove Management Company, L.L.C.; Big Brown Power Company, L.L.C.; Luminant Mining Company, L.L.C.; Sandow Power Company, L.L.C.; Texas Association of Business; Texas Association of Manufacturers; Texas Oil & Gas Association; Chamber of Commerce of the United States of America; State of Texas, Petitioners,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
Samara Lackman Kline , Van Beckwith , Anika Christine Stucky , Baker Botts, L.L.P., Dallas, TX, Matthew G. Paulson , Baker Botts, L.L.P., Austin, TX, for Petitioners Luminant Mining Co., L.L.C., Sandow Power Co., L.L.C., Texas Ass'n of Business, Texas Ass'n of Manufacturers, Texas Oil & Gas Ass'n, Chamber of Commerce of the United States of America.
Jon Niermann (argued), Asst. Atty. Gen., Office of the Atty. Gen. for the State of Texas, John Reed Clay, Jr. , Office of the Atty. Gen., Office of the Sol. Gen., Austin, TX, for Petitioner State of Texas.
Before BARKSDALE, GARZA and ELROD, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
JENNIFER WALKER ELROD, Circuit Judge:
This case requires us 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 Clean Air Act ("CAA" or "the Act"), 42 U.S.C. § 7401 et seq., to adopt and...
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