Tag Archives: D.C. Circuit

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

UPDATED 07.25.2018 Both cases continue to be held in abeyance with EPA filing status reports. 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) … Continue reading

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

UPDATED 07.25.2018 Both cases continue to be held in abeyance with EPA filing status reports at 90-day intervals. 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 … Continue reading

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Court Holds Clean Power Plan Litigation in Abeyance

UPDATED 07.25.2018 This case remains in abeyance with EPA filing status reports at 30-day intervals, although several D.C. Circuit judges have expressed reluctance to continue holding the case in abeyance. Today, the D.C. Circuit granted EPA’s motion to hold the … Continue reading

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