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“Mindful of Mootness: DJL Farms LLC v. USEPA, 813 F.3d 1048 (7th Cir. 2016)”

Appellate Lawyers Association - The Brief E. King Poor

Following is an excerpt:

Cases can become moot at anytime—even on appeal. And the Seventh Circuit’s recent decision in DJL Farms LLC v. USEPA, 813 F.3d 1048 (7th Cir. 2016) is a reminder of that.

In DJL Farms, a developer sought permits from the United States Environmental Protection Agency to construct a near-zero emission coal-burning facility to produce electricity. The facility required injecting massive amounts of carbon dioxide into deep subsurface wells over a 20-year period. Id. at 1049.

Nearby landowners challenged the project before the EPA which overruled their objections and issued the necessary permits. The landowners then sought administrative review before the Seventh Circuit. Id. at 1050.