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TEXAS v. U.S. E.P.A.

No. 10-60614.

690 F.3d 670 (2012)

State of TEXAS; Texas Oil & Gas Association; Texas Association of Manufacturers; BCCA Appeal Group; American Chemistry Council; American Petroleum Institute; National Association of Manufacturers; National Petrochemical and Refiners Association; Texas Association of Business; Texas Chemical Council; Chamber of Commerce of the United States of America, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Fifth Circuit.

August 13, 2012.

Attorney(s) appearing for the Case

Jon Niermann , Asst. Atty. Gen., John Reed Clay, Jr. , Austin, TX, Samara Lackman Kline , Anika Christine Stucky , Van Beckwith , Baker Botts, L.L.P., Dallas, TX, Matthew Lynn Kuryla , Baker Botts, L.L.P., Houston, TX, Peter H. Wyckoff , Pillsbury Winthrop Shaw Pittman, L.L.P., Washington, DC, for Petitioners.

David Aiken Carson , Sr. Counsel (argued), U.S. Dept. of Justice, Environment & Natural Resource Div., Denver, CO, Scott Fulton , E.P.A., Washington, DC, for Respondent.

James B. Blackburn, Jr. , Kristi J. Denney , Charles William Irvine (argued), Blackburn Carter, P.C., Houston, TX, for Intervenors.

Before JOLLY, HIGGINBOTHAM and SOUTHWICK, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Sixteen years tardy, the Environmental Protection Agency (EPA) disapproved a revision to Texas's plan for implementing the requirements of the Clean Air Act. The untimely disapproval unraveled approximately 140 permits issued by Texas under the revision's terms, and now requires regulated entities to qualify for pre-revision permits or risk federal sanctions. Petitioners — the State of...

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