5th Circ. Puts EPA Power Plant Effluent Rule Fights On Hold

By Keith Goldberg (August 22, 2017, 5:48 PM EDT) -- The Fifth Circuit on Tuesday granted the U.S. Environmental Protection Agency's request to delay industry challenges to portions of an Obama-era rule limiting toxic metal levels in wastewater discharged from steam-powered electricity plants while the agency revises them, a move opposed by environmental groups.

In a brief order, the appeals court agreed to sever and hold in abeyance challenges to the September 2015 effluent limitations rule relating to tighter Best Available Technology Economically Achievable, or BAT, effluent limitations and Pretreatment Standards for Existing Sources, or PSES, that apply to bottom ash transport water and flue gas desulfurization wastewater.

The EPA had...

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