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ConocoPhillips Co. v. EPA, 06-60662

In consolidated petitions for review of a Final Rule promulgated by the EPA pursuant to section 316(b) of the Clean Water Act (CWA), several parties' joint motion to remand is granted and the petition is denied in part where: 1) pending a new rule, the EPA's CWA section 316(b) case-by-case permitting procedure, which was in place before the Phase III Rule at issue was promulgated, would remain in effect; 2) the EPA provided adequate notice of the economic-achievability test in the rule during rule making; and 3) the EPA's failure to estimate benefits for specific new facility locations did not render the process arbitrary or capricious.

Appellate Information

  • Decided 07/23/2010
  • Published 07/23/2010


  • Jacques M. Wiener


  • United States Fifth Circuit


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