EPA Coal Residuals Disposal Regulations Upheld by D.C. Circuit

Owners and operators of coal-fired power plants on Friday lost their challenge to Environmental Protection Agency actions enforcing construction and closure regulations for facilities disposing coal combustion residuals.

The petitioners in consolidated cases argued the agency amended existing legislative rules, which require following Administrative Procedure Act notice-and-comment procedures.

However, the “challenged documents straightforwardly apply existing regulations,” so the agency actions aren’t the kind the court has jurisdiction to review under the Resource Conservation and Recovery Act, Judge Cornelia T.L. Pillard said for the US Court of Appeals for the D.C. Circuit.

Coal combustion residuals are created when an electric utility ...