Republican state attorneys general (AG) are warning EPA that its proposed rule toughening effluent limitation guidelines (ELGs) for coal-fired power plants misreads the Clean Water Act (CWA), citing the Supreme Court's recent ruling in Sackett v. EPA that narrowed the law's reach. "Just recently, the Supreme Court reminded EPA not to misread the Clean Water Act to grant itself power Congress never intended it to have," West Virginia AG Patrick Morrisey wrote in May 30 comments, signed by an additional 19 AGs. "We urge EPA to reevaluate the Proposed Rule, keeping the statute's limits firmly in mind, and then finalize a rule that addresses discharges from power plants in an economical and technological achievable manner," they added.
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