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Administrative Law Keyed to Koch
Dominion Energy Brayton Point, LLC v. Johnson
Citation:
443 F.3d 12 (2006)Facts
Dominion Energy Brayton Point, LLC operates a large fossil-fuel power plant in Somerset, Massachusetts. The plant uses water from Mount Hope Bay for cooling purposes and discharges the heated water back into the bay, requiring a National Pollutant Discharge Elimination System permit under the Clean Water Act. When Dominion applied for renewal of its permit, the EPA announced it would process the application through informal adjudication procedures rather than formal adjudication with trial-type hearings. This represented a change from the EPA’s previous practice of using formal adjudication for NPDES permit applications. Dominion challenged this procedural change, arguing that the Clean Water Act required formal adjudication for NPDES permit decisions.
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