Legal Opinion

Southwestern Elec. Power Co. v. U.S. E.P.A.

Court of Appeals for the Fifth Circuit

Decided April 12, 2019No. 15-60821PublishedCited by 38 opinions

1Opinion of the Court

STUART KYLE DUNCAN, Circuit Judge:

*1003 Steam-electric power plants generate most of the electricity used in our nation and, sadly, an unhealthy share of the pollution discharged into our nation's waters. To control this pollution, the Clean Water Act, 33 U.S.C. § 1251 et seq. , empowers the Environmental Protection Agency to promulgate and enforce rules known as "effluent limitation guidelines" or "ELGs." Id. §§ 1311, 1314, 1362(11). For quite some time, ELGs for steam-electric power plants have been, in EPA's words, "out of date." 80 Fed. Reg. 67,838 . That is a charitable understatement. The…

2Cases cited60 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  3. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  4. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  5. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943

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3Cited by38 opinions

  1. Wages and White Lion Invst v. FDACourt of Appeals for the Fifth Circuit · 2021
  2. Data Marketing Partnership v. LABRCourt of Appeals for the Fifth Circuit · 2022
  3. State of Texas v. United StatesCourt of Appeals for the Fifth Circuit · 2022
  4. Huawei Tech USA v. FCCCourt of Appeals for the Fifth Circuit · 2021
  5. Alliance Hippocratic Medicine v. FDACourt of Appeals for the Fifth Circuit · 2023

33 more not listed; retrieve them via the Exa API.

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