Tag Archives: D.C. Circuit

New Source Performance Standard Will Also Get Its Day In Court

UPDATED 08.30.2016 with additional petitions for review of EPA’s denial of reconsideration. UPDATED 02.04.2016 with additional petitioners and parties.   To date, four petitions (listed below) have been filed in the D.C. Circuit Court of Appeals seeking review of EPA’s … Continue reading

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Stopping the Clock on the Clean Power Plan

UPDATED 9.1.2016 with additional information about amicus parties; UPDATED 1.28.2016 with additional information about the parties; UPDATED 12.29.2015 with additional information about the petitions and parties; UPDATED 12.7.2015 with additional information about the petitions and parties; UPDATED 11.4.2015 with additional … Continue reading

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Court Denies Petitions of States and Peabody Energy

On September 9, the D.C. Circuit denied the emergency petitions of West Virginia (and other state petitioners) and Peabody Energy Corporation that asked for a stay of the Clean Power Plan. The court found that the petitioners had not met … Continue reading

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EPA Says No Basis for Allowing “Premature Attack” on CPP

At the end of August (per court order), EPA responded to the group of states seeking a stay of the Clean Power Plan from the D.C. Circuit. Pointing to the court’s recent decision in Murray Energy Corp., EPA argues that … Continue reading

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Litigation Flashback: Overview of Prior Challenges to the CPP

The D.C. Circuit heard oral argument in April in Murray Energy Corp. v. EPA and West Virginia v. EPA, challenging the proposed Clean Power Plan filed well in advance of the release of the final rule. The focus of these … Continue reading

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