While we await a decision in West Virginia v. EPA, the D.C. Circuit has been handed a new set of CPP challenges to address: petitions seeking review of EPA’s January 17, 2017 denial of petitions for reconsideration and requests for administrative stay of the CPP. To date, eight petitions have been filed and consolidated under the lead case, State of North Dakota v. EPA, No. 17-1014. Docketing statements and statements of issues for the filed petitions are due starting February 24, 2017.
Parties seeking review have until March 20, 2017 to file a petition. As such, the list of petitioners may grow longer in the weeks ahead. Similar to the West Virginia line of cases, states and local governments will be found on both sides of the litigation. Seventeen states, the District of Columbia, and five local governments already moved to intervene in support of EPA.
A full list of parties is provided below:
Petitions for Review of EPA’s Denial of Reconsideration:
| Party(ies) | Case No. |
| (LEAD CASE) State of North Dakota | 17-1014 |
| Murray Energy Corporation | 17-1015 |
| Utility Air Regulatory Group and the American Public Power Association | 17-1018 |
| LG&E and KU Energy LLC | 17-1019 |
| National Rural Electric Cooperative Association | 17-1020 |
| States of West Virginia, Texas, Alabama, Arkansas, Georgia, Indiana, Kansas, Louisiana, Montana, Nebraska, New Jersey, Ohio, South Carolina, South Dakota, Utah, Wisconsin, and Wyoming, and the State of Arizona Corporation Commission, the State of Mississippi Public Service Commission, and the State of Mississippi Department of Environmental Quality | 17-1022 |
| National Association of Home Builders | 17-1023 |
| Alabama Power Company, Georgia Power Company, Gulf Power Company, and Mississippi Power Company | 17-1031 |
Movant-Intervenors in Support of Respondent EPA:
Broward County, Florida
City of Boulder, Chicago
City of New York, New York
City of Philadelphia, Pennsylvania
City of South Miami, Florida
Commonwealth of Massachusetts
Commonwealths of Virginia
District of Columbia
State of California
State of Connecticut
State of Delaware
State of Hawaii
State of Illinois
State of Iowa
State of Maine
State of Maryland
State of Minnesota
State of New Mexico
State of New York
State of Oregon
State of Rhode Island
State of Vermont
State of Washington
