Tag Archives: D.C. Circuit

Court Holds Clean Power Plan Litigation in Abeyance

Posted on April 28, 2017 by Jessica Bell

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

Posted on April 25, 2017 by Anjali Patel

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 →

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

Posted on April 18, 2017 by Katherine O'Konski

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

Posted on April 13, 2017 by Jessica Bell

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.

Posted on April 10, 2017 by Anjali Patel

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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