The U.S. Court of Appeals for the 7th Circuit is warning Springfield, IL, that it might dismiss the city's suit over the Trump EPA's final power plant effluent limitation guidelines (ELG) rule because it did not file the challenge until March 2, well beyond the Clean Water Act's 120-day deadline for filing such suits. In a March 3 order, the court directs both the city and EPA to file briefs by March 17 "stating why this petition for review should not be dismissed for lack of jurisdiction." The court notes that section 1369(b)(1) of Title 33, United States Code, which is contained in section 509 of the water law, "requires that petitions for review be filed no later than 120 days after the date of the Administrator's action," and adds that Springfield's March 2 lawsuit over the power plant ELG appears to have missed the deadline. The final rule, signed Aug. 31 by Trump EPA Administrator Andrew Wheeler and published in the Federal Register Oct. 13, was "issued for purposes of judicial review on Oct. 27," the court's order notes. As such, the March 2 challenge was filed more than 120 days after both dates and therefore the court might have to dismiss the case, it adds.
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