Tag Archives: D.C. Circuit

Pencils Down: Briefing Concludes in West Virginia v. EPA

Posted on April 21, 2016 by Amber Martin

Last Friday, April 15, 2016, petitioners challenging the Clean Power Plan and like-minded intervenors filed their rebuttals to EPA and its supporters’ defense of the rule.  The reply briefs wrap up briefing in West Virginia v. EPA, and set the … Continue reading →

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EPA Files Initial Brief in West Virginia v. EPA

Posted on March 31, 2016 by Jeff Bayne

Per the schedule set by the D.C. Circuit back in January, EPA filed its initial brief  in West Virginia v. EPA on March 28, 2016. In the brief, EPA lays out its position that the Clean Power Plan reflects a … Continue reading →

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Meet the Judges

Posted on February 4, 2016 by Anjali Patel

Although the Clean Power Plan and New Source Performance Standard litigations are occurring on separate tracks,* the same three judge panel will be deciding the fates of both regulations.  Here’s a quick look at the panel and a few notable … Continue reading →

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CPP Briefing Schedule Requires Brevity and Cooperation

Posted on January 28, 2016 by Anjali Patel

Earlier today, the D.C. Circuit issued an order setting the briefing schedule for West Virginia v. EPA; it is tight, both in terms of time and the format of the briefing.  The court has limited the scores of petitioners (who … Continue reading →

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If at First You Don’t Succeed, Try, Try Again

Posted on January 27, 2016 by Anjali Patel

UPDATED 01.27.2016 PM with response deadline date. UPDATED 02.01.2016 with additional applications. Following on the heels of the D.C. Circuit’s denial to stay the CPP, twenty-nine states and state agencies are taking their fight to a higher power.  On January … Continue reading →

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