Tag Archives: D.C. Circuit

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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D.C. Circuit Holds in Abeyance MATS and NSPS Litigation

In addition to the D.C. Circuit’s order granting EPA’s motion to hold in abeyance litigation surrounding the Clean Power Plan, the court last week also put holds on ongoing litigation over EPA’s Mercury and Air Toxics Standards (MATS) 2016 Supplemental … Continue reading

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