Tag Archives: Stay

D.C. Circuit Extends Abeyance of Clean Power Plan Litigation, Possibly for the Last Time?

The litigation over the CPP has been on hold for over a year, and yesterday the the D.C. Circuit ordered that it remain in abeyance for another 60 days.  At least some of the judges, however, appear to be growing … Continue reading

Posted in Blog Posts | Tagged , , , , , | Comments Off on D.C. Circuit Extends Abeyance of Clean Power Plan Litigation, Possibly for the Last Time?

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

Posted in Blog Posts | Tagged , , , , | Comments Off on EPA asks Court to Continue Abeyance of CPP Litigation, Intervenors Push Back

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

Posted in Blog Posts | Tagged , , , , , , | Comments Off on Parties Weigh in on Abeyance Vs. Remand in CPP and NSPS Cases

D.C. Circuit Grants DOJ Request to Hold EPA’s 2015 Ozone Standards Cases in Abeyance

In an order issued last week, the D.C. Circuit granted DOJ’s request in Murray Energy Corp. v. EPA, No. 15-1385, to hold in abeyance challenges to EPA’s 2015 update to the ozone National Ambient Air Quality Standards (NAAQS).  The Clean … Continue reading

Posted in Blog Posts | Tagged , , , | Comments Off on D.C. Circuit Grants DOJ Request to Hold EPA’s 2015 Ozone Standards Cases in Abeyance

To Abey, or Not to Abey. That is the Question.

Parties on both sides of the Clean Power Plan (CPP) and New Source Performance Standards (NSPS) litigation have filed responses to the Department of Justice’s (DOJ) motions to hold the cases in abeyance, with those challenging the rules filing in … Continue reading

Posted in Blog Posts | Tagged , , , , , , , , , | Comments Off on To Abey, or Not to Abey. That is the Question.