5th Circuit:  Texas Agency Erred In Approving Permit For Natural Gas Plant

(November 16, 2023, 9:37 AM EST) -- NEW ORLEANS — The Texas Commission on Environmental Quality (TCEQ) committed an error of law and acted arbitrarily and capriciously by failing to adequately explain why it approved a permit for a natural gas plant that contained less stringent emissions limits than those adopted in a permit for a separate plant that will use the same equipment, a Fifth Circuit U.S. Court of Appeals panel found in vacating the state agency’s permitting decision....