5th Circuit Grants EPA Bid To Split Utility ELG Suit Pending Review Of Rule

摘要

A federal appeals court has granted EPA's request to split litigation over the Obama-era utility effluent rule by severing out and staying power companies' challenge to various parts of the rule while the agency reconsiders them, but an environmentalist says the decision creates confusion about which aspects of the suit can still proceed. Judge Edward C. Prado, of the U.S. Court of Appeals for the 5th Circuit, issued an Aug. 22 order severing certain topics from the suit where both environmentalist and industry groups are challenging the Obama-era Clean Water Act (CWA) power plant effluent limitation guideline (ELG). The order is available on lnsideEPA.com.