5th Circuit Grants Abeyance and EPA Postpones Compliance Deadlines for Effluent Limitation Guidelines; EPA Submits Further Abeyance Motions

Yesterday, the Fifth Circuit issued an order granting EPA’s motion to hold Southwestern Electric Power Co. v. EPA (consolidated challenges to EPA’s “Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category” (Rule)) in abeyance for 120 days, until August 12, 2017.  The Court also granted EPA’s request to file a motion to govern further proceedings upon the conclusion of the 120 day period.  In today’s Federal Register, EPA published a notice stating that it will be reconsidering the Rule.  EPA also stated that it is postponing the Rule’s compliance dates that have not yet passed, pending judicial review.

And adding to the EPA’s list of requests to postpone judicial rulings on cases involving its regulations, EPA has filed motions in:

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