D.C. Circuit Rejects Industry Suit On EPA’s Strict CCR Rule Interpretation

In a win for EPA, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit is dismissing the power sector’s suit challenging EPA’s interpretation of its 2015 coal combustion residuals (CCR) rule, rejecting industry’s argument that the agency’s interpretation constituted a “legislative rule” and finding that it lacks jurisdiction over the case. In a unanimous June 28 opinion covering two suits, both titled Electric Energy Inc. (EEI), et al., v. EPA, et al. , Judge...