5th Circuit: EPA’s Air Quality Findings Were Not Arbitrary Or Capricious

(January 24, 2024, 10:28 AM EST) -- NEW ORLEANS — The Environmental Protection Agency did not act arbitrarily, capriciously or unlawfully when it designated two Texas counties as areas of nonattainment for the 2010 national ambient air quality standards (NAAQS) for sulfur dioxide because the EPA thoroughly explained why it relied on modeling data from an environmental group when reaching its decision, a divided Fifth Circuit U.S. Court of Appeals panel found in denying two consolidated petitions for review filed by Texas and several power companies....