Tag Archives: D.C. Circuit

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

UPDATED 07.25.2018 On August 11, 2017, EPA announced in a letter that it will conduct a new rulemaking to “potentially revise the new, more stringent Best Available Technology Economically Achievable effluent limitations and Pretreatment Standards for Existing Sources in the … Continue reading

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NCDEQ Files Motion to Withdraw from CPP Litigation

UPDATED 07.25.2018 On March 7, 2017, the court granted NCDEQ’s motion to withdraw as petitioner. 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 … Continue reading

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Second Series of CPP Litigation Commences

While we await a decision in West Virginia v. EPA, the D.C. Circuit has been handed a new set of CPP challenges to address: petitions seeking review of EPA’s January 17, 2017 denial of petitions for reconsideration and requests for … Continue reading

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Northeast States Move to Intervene in Wisconsin v. EPA

Last week, New York, Maryland, New Hampshire, Rhode Island, Vermont, and Massachusetts filed a joint motion with the D.C. Circuit, seeking to intervene in Wisconsin v. EPA and requesting prompt implementation of the EPA’s Cross-State Air Pollution Rule Update for … Continue reading

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EPA Opposes Motion for Extension of Time for NSPS Briefing

EPA recently filed its opposition to state and industry petitioners’ motion to extend the briefing schedule in their challenge to EPA’s New Source Performance Standards (NSPS) for new power plants.  Petitioners had argued that “[a] short extension of time will allow the … Continue reading

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