The Fifth Circuit upheld EPA's decision to disapprove certain revisions to Texas' SIP. EPA disapproved the revisions concerning the state's "qualified facilities program" because it did not meet the minor new source review (NSR) SIP nor did it meet the NSR SIP requirement for a substitute major ...

The D.C. Circuit vacated an interim final rule issued by EPA that would allow manufacturers of heavy-duty diesel engines to pay nonconformance penalties in exchange for the right to sell engines that fail to satisfy nitrogen oxide requirements. In 2001, EPA issued a rule requiring a 95% reduction in...