Appellate Judges Doubt Industry CCR Suits, Questioning Jurisdiction

A three-judge appellate panel is raising doubts over its ability to review the power industry’s challenge to EPA’s plans to deny coal ash facilities’ requests to extend closure deadlines, suggesting the agency’s interpretations underlying its proposed decisions amounted to an interpretative rule rather than a legislative rule that requires notice and comment and is subject to the court’s jurisdiction. “What is the hypothesis if we don’t think this is a rule that requires notice and comment rulemaking?” Judge Cornelia Pillard...