Power Plant ELG Suit Tests Industry Bid To Intervene In Sue & Settle Pacts

摘要

Industry litigation challenging EPA's deadlines for its upcoming power plant effluent limitation guidelines (ELG) is emerging as a test of private parties' ability to intervene in so-called "sue-and-settle" cases, an issue that industry and some lawmakers are seeking to address in pending legislation easing private parties' ability to intervene in such cases. The case could go all the way to the Supreme Court as industry groups are arguing that appellate courts are split. But the industry effort appears to face a high legal bar, making it unlikely that the litigation will succeed - though failure in court could allow industry groups to intensify their lobbying in Congress for lawmakers to address the issue.