Tag Archives: Stay

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

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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

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Litigation Update: Clean Power Plan, New Source Performance Standards, and Effluent Limitations

Clean Power Plan.  As we previously reported following the President’s March 28, 2017 Energy Executive Order, the Department of Justice has requested that the D.C. Circuit hold the CPP in abeyance while EPA conducts a review of the rule.  The … Continue reading

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EPA Denies Reconsideration of the Clean Power Plan

On January 17, 2017, EPA’s denial of petitions for reconsideration of the Clean Power Plan was published in the Federal Register.  EPA posted the Basis for Denial of Petitions to Reconsider and Petitions to Stay the Clean Power Plan, with … Continue reading

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States Seek Extension of Comment Deadline on Clean Energy Incentive Program

The 27 states challenging the CPP have requested that EPA Administrator Gina McCarthy toll the closing of the comment period on the agency’s proposed Clean Energy Incentive Program (CEIP) until at least 60 days after the Supreme Court’s stay of … Continue reading

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