ELR Citation: 53 ELR 20071
No(s). 23-60069 (5th Cir. May 1, 2023)

In an unpublished order, the Fifth Circuit, 2-1, stayed EPA's disapproval of SIPs submitted by Texas and Louisiana following the Agency's 2015 revision to the ozone NAAQS. The states moved for a stay pending review of EPA's disapproval. The court found a stay was appropriate because the states made a strong showing that EPA acted unlawfully by considering factors not listed in the CAA, and were likely to prevail on the claim that the Agency arbitrarily and capriciously based its decision in part on information only available after the states submitted their SIPs.