EPA Denies Reconsideration of the Clean Power Plan

On January 17, 2017, EPA’s denial of petitions for reconsideration of the Clean Power Plan was published in the Federal Register.  EPA posted the Basis for Denial of Petitions to Reconsider and Petitions to Stay the Clean Power Plan, with detailed responses to the petitions, as well as several appendices [link eliminated], on its website.  The Clean Air Act requires EPA to convene a proceeding for reconsideration for a rule if (1) it was impracticable to raise the objection during the comment period, and (2) the objection is of central relevance to the outcome of the rule.  EPA received 38 petitions for reconsideration of the final CPP.  EPA denied 31 of them in full, but is deferring action on issues related to biomass and waste‑to‑energy.  The petitions are available in EPA’s rulemaking docket.

In the same action, EPA denied the 22 petitions for an administrative stay of the CPP on the grounds that they were mooted by the Supreme Court’s stay of the rule.

Petitions for review of the denials must be filed in the D.C. Circuit by March 20, 2017.  It is not clear whether any petitions for review related to the denial of reconsideration would be consolidated with the ongoing CPP litigation.   

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