Tag Archives: Judicial review

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 … Continue reading

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To Abey, or Not to Abey. That is the Question.

Parties on both sides of the Clean Power Plan (CPP) and New Source Performance Standards (NSPS) litigation have filed responses to the Department of Justice’s (DOJ) motions to hold the cases in abeyance, with those challenging the rules filing in … Continue reading

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Litigation Update: Clean Power Plan, New Source Performance Standards, and Effluent Limitations

Clean Power Plan.  As we previously reported following the President’s March 28, 2017 Energy Executive Order, the Department of Justice has requested that the D.C. Circuit hold the CPP in abeyance while EPA conducts a review of the rule.  The … Continue reading

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NCDEQ Files Motion to Withdraw from CPP Litigation

Earlier today, the North Carolina Department of Environmental Quality (NCDEQ), filed a motion to withdraw as a petitioner from the Clean Power Plan litigation.  The NCDEQ is one of the 25 petitioners in Docket No. 15-1363, the lead petition in West … Continue reading

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Army Reverses Course, Grants Easement for Dakota Access Pipeline; Cheyenne River Sioux Tribe Seeks a Preliminary Injunction and Temporary Restraining Order

On February 8, 2017 the Army Corps of Engineers granted an easement to Dakota Access, LLC, a subsidiary of Energy Transfer Partners, allowing the Dakota Access Pipeline to cross under the Missouri River at Lake Oahe in North Dakota.  The … Continue reading

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