Trade Coalition Weighs In On Effluent Rule Case

Law360, New York (August 8, 2017, 7:48 PM EDT) -- A coalition of trade groups on Monday added their names to those opposing a challenge to the U.S. Environmental Protection Agency's postponement of toxicity limits for power plant wastewater, telling a D.C. federal judge that the agency can exercise its discretion when suspending rules.

In an amicus brief, the Trade Association Coalition argued that the EPA isn't required to use a four-part test when it wants to suspend an agency action during judicial review, but it can postpone rules in the name of justice.

"Although EPA may consider the injunction test factors to show that 'justice so requires' postponement of agency...

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