Texas v. United States Environmental Protection Agency

JENNIFER WALKER ELROD, Circuit Judge:

The State of Texas, numerous energy companies, power plants, steel mills, consumer organizations, state regulators, and a labor union in Texas (collectively, “Petitioners”) challenge the Environmental Protection Agency’s action disapproving Oklahoma’s and Texas’s plans for controlling regional haze and imposing EPA’s own plans instead. Petitioners contend that EPA has acted outside its statutory authority and seek a stay pending review of the rule on the merits. EPA moves to dismiss or transfer the petition because it asserts this court lacks jurisdiction…