Oct 152024

U.S. EPA Power Plant Effluent Rule Allowed to Go Into Effect

Hannah Posen and Samuel B. Boxerman
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On October 9, 2024, the Eighth Circuit refused to block new U.S. Environmental Protection Agency (EPA) wastewater limits for coal-fired power plants. In Southwestern Electric Power Co., et al v. EPA, et al, multiple states, trade groups, and utility companies challenged EPA’s May 2024 Supplemental Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category (ELG Rule).

The ELG Rule requires coal-fired power plants to reduce pollutants in wastewater by more than 660 million pounds per year. Petitioners argued that the rule requires unreasonable costs to install new control technology or would require plant retirement and sought a stay of the rule so they could have more time to decide how to comply. EPA responded that the petitioners would not suffer irreparable harm because the standards do not immediately apply and the control technology is available at reasonable cost.

The Eighth Circuit denied a stay of the rule without providing any explanation, and the rule will go into effect while the appeal moves forward.

This post is as of the posting date stated above. Sidley Austin LLP assumes no duty to update this post or post about any subsequent developments having a bearing on this post.

Hannah Posen

Chicago

hposen@sidley.com

Samuel B. Boxerman

Washington, D.C.

sboxerman@sidley.com

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