Industry Says EPA’s CCR Proposal Undercuts Denial Of Extension Request

Power industry groups are urging a federal appellate court to reverse EPA’s final denial of a coal ash facility’s closure extension request, arguing in part that the denial is a legislative rule that was promulgated without notice and comment as the agency later sought to codify key terms from its decision in its subsequent plan governing legacy sites. The argument is spelled out in a Sept. 15 opening brief in Electric Energy Inc., et al., v. EPA, et al. ,...