Tag Archives: CPP litigation

Breaking Down the Energy Executive Order

UPDATED 03.31.2017 The Executive Order has been published in the Federal Register, 82 Fed. Reg. 16,093. Also, the Office of Management and Budget released a statement regarding the budgetary impact analysis for this executive order. Earlier this week, President Trump … Continue reading

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Second Series of CPP Litigation Commences

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 … Continue reading

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Briefs Have Been Filed, Oral Arguments Have Been Presented, Pens Continue to Write

Although Clean Power Plan briefing was completed in April and oral argument was held at the end of September, parties are continuing to update the court on information relevant to their positions.  Rule 28(j) of the Federal Rules of Appellate … Continue reading

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It’s a Wrap: D.C. Circuit Finishes “Marathon” Day of Oral Arguments

The D.C. Circuit’s CPP oral arguments continued through yesterday afternoon with counsel addressing the final three argument segments: (1) constitutional issues, (2) notice issues, and (3) record-based issues not submitted on briefs. As was case in the morning session, the … Continue reading

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CPP Oral Arguments Underway Before the D.C. Circuit

Interested observers arrived hours in advance (or paid line-standers) to get into the courtroom or one of several overflow rooms to watch today’s oral arguments before the D.C. Circuit on challenges to the Clean Power Plan. This morning the court … Continue reading

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