Texas v. EPA

The Fifth Circuit transferred a case brought by Texas challenging a final rule by EPA, referred to as the “SIP Call,” requiring states to adopt laws and regulations allowing them to issue permits to new and modified stationary sources for greenhouse gas emissions. In deciding the transfer the case to the D.C. Circuit, the court held that centralized review of national issues was preferable and that Texas did not convincingly argue that the Fifth Circuit should hear the case because the state was challenging a local aspect of the rule.

The D.C. Circuit issued orders denying the petitions for rehearing. The denial of the petitions for rehearing came after the D.C. Circuit ordered EPA in April 2015 to rescind regulations that required PSD and Title V permits solely based on a source’s greenhouse gas emissions.