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U.S. Court of Appeals for the Fifth Circuit

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Case Updates

Victory in challenge to EPA’s $2 billion “regional haze” rule for Texas

March 22, 2017

The Fifth Circuit denied the Obama administration's request to vacate the stay. The case is placed in abeyance until the EPA, under the Trump administration, has a chance to reconsider the Texas Regional Haze Rule.

Motion for stay granted

July 15, 2016

The Fifth Circuit granted a motion to stay the rule pending resolution of the litigation, and rejected EPA’s attempt to transfer the case to the D.C. Circuit.

Texas Association of Business, U.S. Chamber, et al. opposition to EPA motion to dismiss or transfer to D.C. Circuit filed 4/18/2016.

Texas Association of Business, U.S. Chamber, et al. motion to intervene filed 4/15/2016. Granted 4/18/2016.

Motion for Stay granted 7/15/2016.

Order placing case in abeyance issued 3/22/2017.

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