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December 24, 2020 On Wednesday, the Fifth Circuit issued an opinion in the case brought by the State of Texas against the Environmental Protection Agency (EPA). The opinion upholds a regulatory reclassification on the amount of ozone in Bexar County issued by the EPA, stating that the decision was within the discretionary authority granted by statute. The petition from Texas argued that the EPA’s action was too harsh and unfounded. The decision also denies the petition from Sierra Club and the Texas Commission on Environmental Quality, which argued that the EPA was too lenient in its classification.
The classification being litigated was regarding the amount of ozone in Bexar County, Texas. Ground-level ozone is associated with decreased lung function and respiratory problems as well as having detrimental effects on wildlife and agriculture. Under the Clean Air Act, 42 U.S.C. §§ 7401–7671q, every 5 years the EPA conducts a survey and provides a de
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