Earlier today the D.C. Circuit issued an order denying petitioners’ motions to stay the Clean Power Plan and LG&E and KU Energy’s motion to sever certain issues and hold them in abeyance.
The court also set the consolidated appeals for expedited consideration. While the Court left it up to the parties to submit a proposed briefing schedule, it mandated that all briefing be completed and the joint appendix filed by April 22, 2016. Oral argument is set for June 2, 2016, but could extend into June 3. Given that January is almost gone, this is a pretty tight schedule.