Tag Archives: CPP litigation

Meet the Judges

Posted on February 4, 2016 by Anjali Patel

Although the Clean Power Plan and New Source Performance Standard litigations are occurring on separate tracks,* the same three judge panel will be deciding the fates of both regulations.  Here’s a quick look at the panel and a few notable … Continue reading →

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CPP Briefing Schedule Requires Brevity and Cooperation

Posted on January 28, 2016 by Anjali Patel

Earlier today, the D.C. Circuit issued an order setting the briefing schedule for West Virginia v. EPA; it is tight, both in terms of time and the format of the briefing.  The court has limited the scores of petitioners (who … Continue reading →

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If at First You Don’t Succeed, Try, Try Again

Posted on January 27, 2016 by Anjali Patel

UPDATED 01.27.2016 PM with response deadline date. UPDATED 02.01.2016 with additional applications. Following on the heels of the D.C. Circuit’s denial to stay the CPP, twenty-nine states and state agencies are taking their fight to a higher power.  On January … Continue reading →

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CPP Motions to Stay Denied

Posted on January 21, 2016 by Anjali Patel

Earlier today the D.C. Circuit issued an order denying petitioners’ motions to stay the Clean Power Plan and LG&E and KU Energy’s motion to sever certain issues and hold them in abeyance. The court also set the consolidated appeals for expedited … Continue reading →

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Other CPP Challenges: Petitions for Reconsideration

Posted on January 14, 2016 by Jeff Bayne

As previously discussed, many parties have turned to the courts to challenge the Clean Power Plan, but this is not the only venue parties opposing the CPP have turned to for relief.  Parties are also challenging EPA directly through petitions for … Continue reading →

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