Fifth Circuit Pivots, Asks EPA to Reconsider Texas Ozone Plan

March 13, 2026, 6:21 PM UTC

The Fifth Circuit granted Texas its request for the Environmental Protection Agency to reconsider its ozone pollution plan and maintained its view that the agency should also reconsider Mississippi’s in a new opinion the court issued Friday.

Judges for the US Court of Appeals for the Fifth Circuit remanded both states’ plans back to the EPA, saying it withdrew its old opinion because of a January Federal Register notice from the agency in which it explained how it made its decisions to reject the plans, which the court said it “found persuasive.”

A spokesperson for the EPA said in an ...

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