Tag Archives: Judicial review

Clean Power Plan Oral Argument Postponed to be Heard in September by the Full Court

Earlier this evening, the D.C. Circuit issued a per curiam order* rescheduling oral argument in West Virginia from June 2 to September 27, 2016 and stating that arguments will now be held before the en banc court.  In other words, all active D.C. Circuit judges … Continue reading

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Pencils Down: Briefing Concludes in West Virginia v. EPA

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

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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The New Normal for the Clean Power Plan

Following the Supreme Court’s February 9 decision to stay the Clean Power Plan, a new line has been drawn between states that nonetheless plan to move forward with developing a compliance strategy and those that have halted any such efforts … Continue reading

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Supreme Court Grants Stay of Clean Power Plan

Today the Court issued a 5-4 order granting the requests to stay the Clean Power Plan.  The order stays the plan pending both the disposition of the applicants’ petitions for review in the D.C. Circuit and disposition of the applicants’ … Continue reading

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