At the end of August (per court order), EPA responded to the group of states seeking a stay of the Clean Power Plan from the D.C. Circuit. Pointing to the court’s recent decision in Murray Energy Corp., EPA argues that the court should dismiss the petitions because of timing. Even if judicial review was appropriate at this stage, EPA argues that the petitioners have not made a showing of irreparable harm to justify their requested relief. EPA states that although Federal Register publication will occur soon (specifically, “within a period of less than two months”), the CPP does not have imminent deadlines, and there will be a “full and fair opportunity for judicial review” upon publication.
Several environmental groups, including Natural Resources Defense Council, Environmental Defense Fund, and Sierra Club, filed a motion to intervene in support of EPA.