On November 7, EPA filed a motion asking the D.C. Circuit to
remand certain provisions of the CCR Rule for the Agency's
reconsideration. As background, on September 13, EPA granted
USWAG's and AES Puerto Rico's petitions for reconsideration
of the CCR Rule stating that it was “appropriate and in the
public interest” for the Agency to reconsider parts of the
regulation. EPA's decision was largely based on the Water
Infrastructure Improvements for the Nation (WIIN) Act, which alters
the self-implementing nature of the Rule to one implemented through
enforceable permit programs.
Shortly after granting the reconsideration petitions, EPA filed
a motion asking the D.C. Circuit to continue the October 17 oral
argument date and hold the case in abeyance while it reconsiders
the rule. The D.C. Circuit rejected EPA's request to hold the
case in abeyance. However, the court to delayed oral argument until
Nov. 20 and ordered EPA to file a status report specifying
