Tag Archives: Judicial review

EPA Opposes Motion for Extension of Time for NSPS Briefing

Posted on December 23, 2016 by Jessica Bell

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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Outcome of Litigation Hazy for EPA’s Regional Haze Rule

Posted on December 2, 2016 by Anjali Patel

Litigation over EPA’s Regional Haze Rule Federal Implementation Plans for Texas and Oklahoma took another turn this week as EPA and the petitioners/petitioner-intervenors filed their respective status reports with the Fifth Circuit informing the Court of their unsuccessful attempt to … Continue reading →

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Handful of States Seek Review of EPA’s Cross-State Air Pollution Rule in Wisconsin v. EPA

Posted on November 29, 2016 by Amber Martin

Five states last week filed a petition for review with the U.S. Court of Appeals for the D.C. Circuit seeking review of EPA’s Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS (CSAPR).  The CSAPR sets new nitrogen oxide … Continue reading →

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Briefs Have Been Filed, Oral Arguments Have Been Presented, Pens Continue to Write

Posted on November 2, 2016 by Anjali Patel

Although Clean Power Plan briefing was completed in April and oral argument was held at the end of September, parties are continuing to update the court on information relevant to their positions.  Rule 28(j) of the Federal Rules of Appellate … Continue reading →

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North Dakota Opening Briefs Filed in D.C. Circuit

Posted on October 20, 2016 by Anjali Patel

UPDATED 07.25.2018 On August 10, 2017, the D.C. Circuit issued an order indefinitely holding this case in abeyance. EPA is ordered to continue filing status reports in 90-day intervals.  Petitioners have filed their opening briefs in North Dakota v. EPA, … Continue reading →

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