Tag Archives: CPP litigation

Who’s Up to Bat?

The D.C. Circuit has issued an order setting the “lineup” for the September 27 oral argument on challenges to the Clean Power Plan.*  The argument, which is scheduled to be held before the full court, will be divided into five segments.  … Continue reading

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States Seek Extension of Comment Deadline on Clean Energy Incentive Program

The 27 states challenging the CPP have requested that EPA Administrator Gina McCarthy toll the closing of the comment period on the agency’s proposed Clean Energy Incentive Program (CEIP) until at least 60 days after the Supreme Court’s stay of … Continue reading

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Clean Power Plan Oral Argument Postponed to be Heard in September by the Full Court

Earlier this evening, the D.C. Circuit issued a per curiam order* rescheduling oral argument in West Virginia from June 2 to September 27, 2016 and stating that arguments will now be held before the en banc court.  In other words, all active D.C. Circuit judges … Continue reading

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Pencils Down: Briefing Concludes in West Virginia v. EPA

Last Friday, April 15, 2016, petitioners challenging the Clean Power Plan and like-minded intervenors filed their rebuttals to EPA and its supporters’ defense of the rule.  The reply briefs wrap up briefing in West Virginia v. EPA, and set the … Continue reading

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EPA Files Initial Brief in West Virginia v. EPA

Per the schedule set by the D.C. Circuit back in January, EPA filed its initial brief  in West Virginia v. EPA on March 28, 2016. In the brief, EPA lays out its position that the Clean Power Plan reflects a … Continue reading

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