Tag Archives: Stay

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

Posted on June 27, 2018 by Jeff Bayne

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 →

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

Posted on October 20, 2017 by Anjali Patel

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

Posted on May 16, 2017 by Jeff Bayne

UPDATED 07.25.2018 Both cases continue to be held in abeyance with EPA filing status reports. 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) … Continue reading →

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

Posted on April 18, 2017 by Katherine O'Konski

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.

Posted on April 10, 2017 by Anjali Patel

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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