Tag Archives: Judicial review

EPA asks Court to Continue Abeyance of CPP Litigation, Intervenors Push Back

On October 10, 2017, EPA filed a status report in the CPP Litigation, West Virginia v. EPA, informing the D.C. Circuit of its proposed rule to repeal the Clean Power Plan. EPA states in its report that the proposed repeal … Continue reading

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Fifth Circuit Grants EPA’s Request for Power Plant Effluent Rule to Remain in Abeyance

On August 22, the Fifth Circuit issued an order granting EPA’s motion to sever and hold in abeyance all judicial proceedings in Southwestern Electric Power Co. v. EPA relating to certain provisions of the Effluent Limitations Guidelines and Standards for … Continue reading

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4th Circuit Vacates Ruling that EPA Must Consider Impact of its Regulations on Coal Jobs

The Fourth Circuit Court of Appeals recently issued an order vacating a West Virginia Federal District Court decision that had held that Clean Air Act Section 321(a) required EPA to conduct an evaluation of the impact of Clean Air Act … Continue reading

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New Questions about Future of Dakota Access Pipeline after Tribes’ Success in Court

A June 14, 2017 decision out of the U.S. District Court for the District of Columbia has added new uncertainty to the future of the Dakota Access Pipeline.  Earlier this year, the Army Corps of Engineers granted an easement to … Continue reading

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Parties Weigh in on Abeyance Vs. Remand in CPP and NSPS Cases

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) litigation to file briefs addressing whether these cases should be remanded to EPA or held … Continue reading

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