Tag Archives: D.C. Circuit

D.C. Circuit Grants DOJ Request to Hold EPA’s 2015 Ozone Standards Cases in Abeyance

In an order issued last week, the D.C. Circuit granted DOJ’s request in Murray Energy Corp. v. EPA, No. 15-1385, to hold in abeyance challenges to EPA’s 2015 update to the ozone National Ambient Air Quality Standards (NAAQS).  The Clean … Continue reading

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EPA Asks Court Not to Issue “Advisory Opinion” on CPP

On April 12, EPA filed a response in support of its motion to hold the CPP litigation in abeyance.  In this response, EPA argues that “it is not the proper role of this Court to try to shape a potential forthcoming … Continue reading

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To Abey, or Not to Abey. That is the Question.

Parties on both sides of the Clean Power Plan (CPP) and New Source Performance Standards (NSPS) litigation have filed responses to the Department of Justice’s (DOJ) motions to hold the cases in abeyance, with those challenging the rules filing in … Continue reading

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Litigation Update: Clean Power Plan, New Source Performance Standards, and Effluent Limitations

Clean Power Plan.  As we previously reported following the President’s March 28, 2017 Energy Executive Order, the Department of Justice has requested that the D.C. Circuit hold the CPP in abeyance while EPA conducts a review of the rule.  The … Continue reading

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NCDEQ Files Motion to Withdraw from CPP Litigation

Earlier today, the North Carolina Department of Environmental Quality (NCDEQ), filed a motion to withdraw as a petitioner from the Clean Power Plan litigation.  The NCDEQ is one of the 25 petitioners in Docket No. 15-1363, the lead petition in West … Continue reading

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