Tag Archives: D.C. Circuit

D.C. Circuit Orders NSPS Litigation to Remain in Abeyance Indefinitely

Today the D.C. Circuit issued, on its own initiative, an order indefinitely holding in abeyance the litigation over the EPA’s New Source Performance Standards in North Dakota v. EPA.  The succinct order reads as follows: It is ORDERED, on the court’s … Continue reading

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D.C. Circuit Vacates EPA’s Stay of Methane Rule

On July 3, 2017, the U.S. Court of Appeals for the D.C. Circuit granted a group of environmental organizations’ challenge of the EPA’s decision to stay the implementation of a rule covering methane and other greenhouse gas emissions from the … Continue reading

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EPA Announces That It Has Sent a CPP-Related Proposed Rulemaking to OMB for Review

On Monday, EPA filed a status report in the CPP litigation informing the court that it “has begun the interagency review process of a proposed regulatory action resulting from its review of the” Clean Power Plan.  The status report comes … Continue reading

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FERC’s Non-Binding Advisory Orders Not Reviewable in Court

Last month, in Portland General Electric Co. v. FERC, the D.C. Circuit clarified that the federal appellate courts lack jurisdiction to review non-binding, advisory orders from FERC that merely interpret provisions of the Public Utility Regulatory Policies Act of 1978 … Continue reading

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Parties Weigh in on Abeyance Vs. Remand in CPP and NSPS Cases

A few weeks ago, the D.C. Circuit ordered the parties in both the Clean Power Plan (CPP) litigation and the New Source Performance Standards (NSPS) litigation to file briefs addressing whether these cases should be remanded to EPA or held … Continue reading

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