D.C. Circuit Suspends Briefing Schedule in NSPS Challenge

On Friday, the D.C. Circuit granted petitioners’ motion to suspend the briefing schedule in the petition for review of EPA’s New Source Performance Standards (NSPS) for CO2 emissions from new, modified, and reconstructed power plants.  The petitioners had asked for the suspension to allow time to file petitions for review of EPA’s denial of petitions for reconsideration of the NSPS.  The D.C. Circuit panel considering the request ordered that motions to consolidate be filed July 12, 2016, and motions to amend the briefing schedule and format be filed August 4, 2016.  Briefing had previously been scheduled to begin on July 15, 2016.

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