North Dakota v. EPA Briefing Schedule Released

The D.C. Circuit has issued a revised briefing schedule for North Dakota v. EPA in which the court will review EPA’s New Source Performance Standard (NSPS) for CO2 emissions from new, modified, and reconstructed power plants and EPA’s denial of reconsideration of the same.  The court had suspended the previous briefing schedule to allow parties to file for review of EPA’s decision on reconsideration.  The revised schedule is as follows (a list of the parties can be found here):

  Word Limit  Deadline 
Petitioners Briefs:
Petitioner State of North Dakota
State Petitioners
Non-State Petitioners 

4,000 words
9,000 words
18,000 words
October 13, 2016
Brief for Petitioner-Intervenors  7,000 words October 24, 2016 
Brief for Respondent 31,000 words December 14, 2016
Briefs for Respondent-Intervenors  max 3 briefs,
13,300 words
combined
December 21, 2016
Reply Briefs:
Petitioner State of North Dakota
State Petitioners
Non-State Petitioners
Petitioner-Intervenors

2,000 words
4,500 words
9,000 words
3,500 words
 January 19, 2017
Deferred Appendix    January 30, 2017
Final Briefs     February 6, 2017

 

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