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August 18, 2017 | Legal Document

Motion to Delay Haze Rule Implementation in Texas

The Consent Decree entered in this matter requires that, by September 9, 2017,
Defendant Scott Pruitt, Administrator, United States Environmental Protection Agency (“EPA”)
sign a notice of final rulemaking pursuant to the Clean Air Act’s (“CAA”) regional haze
program, 42 U.S.C. § 7491, to meet the “best available retrofit technology” (“BART”)
requirement for electric generating units (“EGUs”) in Texas. Consent Decree ¶ 4.a.i and ii. EPA
may meet this obligation by: (1) promulgating a federal implementation plan (“FIP”); (2)
approving a state implementation plan (“SIP”); or (3) promulgating a partial FIP and approving a
partial SIP that together meet the relevant requirements. Id.

August 18, 2017 | Legal Document

Constitution Pipeline 401 Certification Denial

pursuant to § 401 of the Clean Water Act, 33 U.S.C. § 1341, that petitioner's proposed interstate 2 natural gas pipeline would comply with New York State water quality standards ("§ 401 3 certification"). Respondents denied the application on the ground that petitioner had not complied 4 with requests for relevant information. Petitioner contends (1) that respondents exceeded the statutory 5 time limitations for the State's review of the application and that they must therefore be ordered to 6 notify the United States Army Corps of Engineers ("USACE") that the State waives its right to issue 7 or deny § 401 certification, thereby allowing USACE to issue a permit to petitioner under § 404 of 8 the Clean Water Act


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