EPA Broadly Defends Denial Of CCR Extension In Face Of Industry Challenge

EPA is broadly defending its final denial of a coal ash facility’s closure extension request, pushing back on power industry charges that the denial is a legislative rule promulgated without notice and comment by arguing in part that the order is an informal adjudication applying EPA’s existing regulations. EPA filed a Nov. 17 response brief to the U.S. Court of Appeals for the District of Columbia Circuit in the suit Electric Energy Inc. (EEI), et al., v. EPA, et al....