Earlier today, the D.C. Circuit issued an order setting the briefing schedule for West Virginia v. EPA; it is tight, both in terms of time and the format of the briefing. The court has limited the scores of petitioners (who are collectively party to 39 active petitions) to a maximum of two briefs. Intervenors in support of the petitioners may file only one joint brief, and intervenors in support of EPA are limited to a maximum of four briefs. Further, the court has made clear that it will not be entertaining requests to extend the time limits.
The schedule is as follows:
Briefs for Petitioners | Feb. 19, 2016 |
Joint Brief for Intervenors in Support of Petitioners | February 23, 2016 |
Brief(s) for Amici Curiae in Support of Petitioners | February 23, 2016 |
Brief for Respondent | March 28, 2016 |
Briefs for Intervenors in Support of Respondent | March 29, 2016 |
Brief(s) for Amici Curiae in Support of Respondent | April 1, 2016 |
Reply Briefs for Petitioners | April 15, 2016 |
Joint Reply Brief for Intervenors in Support of Petitioners | April 15, 2016 |
Deferred Appendix | April 18, 2016 |
Final Briefs | April 22, 2016 |
Oral Argument | June 2 and 3, 2016 |