Legal Opinion

ConocoPhillips Co. v. United States Environmental Protection Agency

Court of Appeals for the Fifth Circuit

Decided July 23, 2010No. 06-60662PublishedCited by 23 opinions

1Opinion of the Court

WIENER, Circuit Judge:

Before us are various consolidated challenges to a Final Rule (the “Rule”) promulgated by the Environmental Protection Agency (the “EPA”) pursuant to § 316(b) of the Clean Water Act (the “Act” or the “CWA”). The Rule regulates the use of cooling water intake structures (“CWIS”) for both existing and new offshore oil and gas extraction facilities. Originally, the environmental Petitioners (collectively “Riverkeeper”) challenged the Rule as it applies to existing facilities, and the industry Petitioners (collectively “ConocoPhillips”) challenged the Rule as it applies to…

2Cases cited18 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. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  4. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  5. Entergy Corp. v. Riverkeeper, Inc.Supreme Court of the United States · 2009

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

3Cited by23 opinions

  1. South Carolina Public Service Authority v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2014
  2. Southwestern Elec. Power Co. v. U.S. E.P.A.Court of Appeals for the Fifth Circuit · 2019
  3. Rony Paz Calix v. Loretta LynchCourt of Appeals for the Fifth Circuit · 2015
  4. United States v. WhitlowCourt of Appeals for the First Circuit · 2013
  5. Cooling Water Intake Structure Coal. v. U.S. Envtl. Prot. AgencyCourt of Appeals for the Second Circuit · 2018

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

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