5th Circuit Judges Appear Split On Suit Over Delay Of Utility Effluent Rule

May 2, 2019
Appellate judges at May 1 oral argument appeared split on environmentalists’ suit over EPA’s delay until 2020 of two provisions in the Obama-era power plant effluent rule, with one judge strongly backing the government and a second judge appearing to favor critics of the delay -- leaving the third judge hearing the case as a swing vote. According to a recording of the argument in Clean Water Action, et al., v. EPA, et al. , provided by the U.S. Court...

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