"In the latest legal turn in an ongoing fight over appropriate environmental regulation, the Fifth U.S. Circuit Court of Appeals ruled Monday that the U.S. Environmental Protection Agency’s rejection of a key Texas air permitting program violated the federal Clean Air Act.
The 2010 rejection of Texas’ flexible permitting program, which applied to refineries, power plants and other industrial sites, went “transgresses the Clean Air Act’s delineated boundaries” of the “cooperative relationship” between the EPA and the states, a three-judge panel of the court held 2-1.
The flexible permit program, established in 1994, sets facility-wide emissions limits, which federal regulators had said left them in the dark about how many gases particular parts of the plant are belching into the air.
“The EPA’s behavior involving Texas’ Flexible Permit program is a classic example of an agency acting as if it was above the law,” said Josiah Neeley, an analyst with the conservative-minded Texas Public Policy Foundation."
Personally, I am just SHOCKED that the courts found the EPA over-reached.