Today the D.C. Circuit issued, on its own initiative, an order indefinitely holding in abeyance the litigation over the EPA’s New Source Performance Standards in North Dakota v. EPA. The succinct order reads as follows:
It is ORDERED, on the court’s own motion, that these cases remain held in abeyance pending further order of the court.
Respondent is directed to file status reports at 90-day intervals beginning October 27, 2017.
The parties are directed to file motions to govern future proceedings in these cases within 30 days of the conclusion of EPA’s proceedings.