Sierra Club and Others Challenge EPA Coal Ash Rule

On November 2, 2020, several environmental interest groups including the Sierra Club and Earthjustice filed suits in the U.S. Courts of Appeals for the Fourth and D.C. circuits challenging the Environmental Protection Agency’s (EPA) recent Steam Electric Reconsideration Rule (SERR), which rolled back certain Obama-era effluent discharge limitations on coal-fired power plants. As we previously reported, the SERR rule extends compliance deadlines and sets different technological requirements than the rule it replaces, among other things. The environmental groups are challenging the SERR rule under the Clean Water Act. In a statement, the groups explained that they believed the SERR rule does not incentivize power plans to develop and use the most up-to-date pollution control technology.