Fifth Circuit: State of Texas, et al v. EPA, et al


Environment, Injunctions, Statutory Construction, Administrative


Statute's conferral of jurisdiction for review is distinct from the section indicating correct venue. 

Statute does not permit agency administrator to unilaterally remove action to DC Circuit upon determination of nationwide scope.

Final rule is a locally/regionally applicable standard, given state variances, agency findings.

Statute did not compel state to perform source-specific analysis. 

Timetable extends beyond jurisidiction under rule.

Strong likelihood that viability of power grid insufficiently considered.

Irreparable harms, given that recovery of costs could not be made in the course of business, threats to power grid.

Ready interest to affordable electricity outweighs reduction in haze.

Texas and Oklahoma plans stayed in their entirety.

Concurrence -- Long-term projects can be begun within timeframes of limited jurisdiction.