Tag Archives: D.C. Circuit

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

Posted in Blog Posts | Tagged , , , | Comments Off on FERC’s Non-Binding Advisory Orders Not Reviewable in Court

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

Posted in Blog Posts | Tagged , , , , , , | Comments Off on Parties Weigh in on Abeyance Vs. Remand in CPP and NSPS Cases

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

Posted in Blog Posts | Tagged , , , | Comments Off on D.C. Circuit Holds in Abeyance MATS and NSPS Litigation

Court Holds Clean Power Plan Litigation in Abeyance

Today, the D.C. Circuit granted EPA’s motion to hold the consolidated cases challenging the Clean Power Plan in abeyance.  The court ordered a 60-day abeyance and directed EPA to file status reports at 30-day intervals.  The court further directed supplemental … Continue reading

Posted in Blog Posts | Tagged , , | Comments Off on Court Holds Clean Power Plan Litigation in Abeyance

5th Circuit Grants Abeyance and EPA Postpones Compliance Deadlines for Effluent Limitation Guidelines; EPA Submits Further Abeyance Motions

Yesterday, the Fifth Circuit issued an order granting EPA’s motion to hold Southwestern Electric Power Co. v. EPA (consolidated challenges to EPA’s “Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category” (Rule)) in abeyance for … Continue reading

Posted in Blog Posts | Tagged , , , , , , , , , , , | Comments Off on 5th Circuit Grants Abeyance and EPA Postpones Compliance Deadlines for Effluent Limitation Guidelines; EPA Submits Further Abeyance Motions