D.C. Circuit Orders West Virginia Case to Remain in Abeyance

Today, the D.C. Circuit issued, on its own initiative, an order extending the abeyance period of the consolidated cases challenging the Clean Power Plan for another 60 days.  The court also directed EPA to continue to file status reports at 30-day intervals.  In a concurring opinion, Judges Tatel and Millett observed that the Supreme Court’s stay, when combined with the D.C. Circuit’s abeyance, effectively relieves EPA of its affirmative statutory obligation to regulate greenhouse gases under Massachusetts v. EPA, 549 U.S. 497, 533 (2007) for the indefinite future.  The concurring opinion concludes that “[q]uestions regarding the continuing scope and effect of the Supreme Court’s stay, however, must be addressed to that Court.”