Court Holds Clean Power Plan Litigation in Abeyance

UPDATED 07.25.2018 This case remains in abeyance with EPA filing status reports at 30-day intervals, although several D.C. Circuit judges have expressed reluctance to continue holding the case in abeyance.

Today, the D.C. Circuit granted EPA’s motion to hold the consolidated cases challenging the Clean Power Plan in abeyance.  The court ordered a 60-day abeyance and directed EPA to file status reports at 30-day intervals.  The court further directed supplemental briefing from the parties addressing whether the cases should be remanded to EPA rather than held in abeyance.  These supplemental briefs are due May 15, 2017.

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