Tag Archives: D.C. Circuit

EPA Moves to Hold Coal Ash Rule in Abeyance and to Continue Oral Argument

Last week, EPA filed a motion asking the D.C. Circuit to postpone oral argument scheduled for October 17 in Utility Solid Waste Activities Group v. EPA, Docket No. 15-1219, the litigation surrounding its Coal Ash Rule.  EPA also moved to … Continue reading

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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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