SOUTHWESTERN ELEC. POWER CO. v. U.S. E.P.A.

No. 15-60821.

920 F.3d 999 (2019)

SOUTHWESTERN ELECTRIC POWER COMPANY; Utility Water Act Group; Union Electric Company, doing business as Ameren Missouri; Waterkeeper Alliance, Incorporated; Environmental Integrity Project; Sierra Club; American Water Works Association; National Association of Water Companies; City of Springfield, Missouri, by and through the Board of Public Utilities; Duke Energy Indiana, Incorporated, Petitioners v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Andrew Wheeler, in his official capacity as Acting Administrator of the United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Fifth Circuit.

FILED April 12, 2019.


Attorney(s) appearing for the Case

Kristy A. N. Bulleit, Esq. , Counsel, Hunton Andrews Kurth, L.L.P., Washington, DC, Harry Margerum Johnson, III , Hunton Andrews Kurth, L.L.P., Richmond, VA, for Petitioners SOUTHWESTERN ELECTRIC POWER COMPANY, UNION ELECTRIC COMPANY.

Kristy A. N. Bulleit, Esq. , Counsel, Hunton Andrews Kurth, L.L.P., Washington, DC, Harry Margerum Johnson, III , Timothy Louis McHugh , Hunton Andrews Kurth, L.L.P., Richmond, VA, for Petitioner UTILITY WATER ACT GROUP.

Thomas Joseph Cmar , Earthjustice, Oak Park, IL, Matthew Gerhart , Sierra Club, Environmental Law Program, Denver, CO, for Petitioners WATERKEEPER ALLIANCE, INCORPORATED, ENVIRONMENTAL INTEGRITY PROJECT.

Thomas Joseph Cmar , Earthjustice, Oak Park, IL, Matthew Gerhart , Casey Austin Roberts , Sierra Club, Environmental Law Program, Denver, CO, Joshua Smith , Sierra Club, Environmental Law Program, Oakland, CA, for Petitioner SIERRA CLUB.

John Andrew Sheehan , Michael Best & Friedrich, L.L.P., Washington, DC, for Petitioners AMERICAN WATER WORKS ASSOCIATION, NATIONAL ASSOCIATION OF WATER COMPANIES.

Thomas J. Greyer , Shook, Hardy & Bacon, L.L.P., Kansas City, MO, for Petitioner CITY OF SPRINGFIELD.

Sean Michael Sullivan , Troutman Sanders, L.L.P., Raleigh, NC, for Petitioner DUKE ENERGY INDIANA, INCORPORATED.

Martin Francis McDermott , Tsuki Hoshijima , U.S. Department of Justice, Avi S. Garbow , Environmental Protection Agency; Jessica O'Donnell , U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for Respondent.

Before HAYNES, HO, and DUNCAN, Circuit Judges.


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...

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