Author Archives: Katherine O'Konski

CRS Report Finds that the Clean Power Plan (If Implemented) Would Result in Substantial Declines in Carbon Dioxide Emissions

In a report published last week, the Congressional Research Service (CRS) concluded that the Clean Power Plan (CPP), if implemented, would create substantially greater declines in CO2 emissions than a business-as-usual scenario.  The report, entitled U.S. Carbon Dioxide Emissions Trends … Continue reading

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FERC’s Non-Binding Advisory Orders Not Reviewable in Court

Last month, in Portland General Electric Co. v. FERC, the D.C. Circuit clarified that the federal appellate courts lack jurisdiction to review non-binding, advisory orders from FERC that merely interpret provisions of the Public Utility Regulatory Policies Act of 1978 … Continue reading

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D.C. Circuit Holds in Abeyance MATS and NSPS Litigation

In addition to the D.C. Circuit’s order granting EPA’s motion to hold in abeyance litigation surrounding the Clean Power Plan, the court last week also put holds on ongoing litigation over EPA’s Mercury and Air Toxics Standards (MATS) 2016 Supplemental … Continue reading

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D.C. Circuit Grants DOJ Request to Hold EPA’s 2015 Ozone Standards Cases in Abeyance

In an order issued last week, the D.C. Circuit granted DOJ’s request in Murray Energy Corp. v. EPA, No. 15-1385, to hold in abeyance challenges to EPA’s 2015 update to the ozone National Ambient Air Quality Standards (NAAQS).  The Clean … Continue reading

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Litigation Update: Clean Power Plan, New Source Performance Standards, and Effluent Limitations

Clean Power Plan.  As we previously reported following the President’s March 28, 2017 Energy Executive Order, the Department of Justice has requested that the D.C. Circuit hold the CPP in abeyance while EPA conducts a review of the rule.  The … Continue reading

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