Fifth Circuit Upholds TCEQ's BACT Determination for LNG Facility After Texas Supreme Court Clarifies 'Operational' Requirement

The Fifth Circuit denied PACAN's petition challenging TCEQ's grant of a PSD permit to an LNG facility, holding that previously approved emissions limits that had never been implemented in actual operation had not 'proven to be operational' under Texas's BACT definition. The decision, following certification to the Texas Supreme Court, clarifies that Best Available Control Technology under Texas law cannot encompass air pollution control methods that exist only on paper and have not yet been demonstrated through real-world experience and research.