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...
View ArticleFERC’s Non-Binding Advisory Orders Not Reviewable in Court
Last month, in Portland General Electric Co. v. FERC, the D.C. Circuit clarified that the federal appellate courts lack jurisdiction to review non-binding, advisory orders from FERC that merely...
View ArticleEPA Announces That It Has Sent a CPP-Related Proposed Rulemaking to OMB for...
On Monday, EPA filed a status report in the CPP litigation informing the court that it “has begun the interagency review process of a proposed regulatory action resulting from its review of the” Clean...
View ArticleD.C. Circuit Vacates EPA’s Stay of Methane Rule
On July 3, 2017, the U.S. Court of Appeals for the D.C. Circuit granted a group of environmental organizations’ challenge of the EPA’s decision to stay the implementation of a rule covering methane and...
View ArticleD.C. Circuit Orders NSPS Litigation to Remain in Abeyance Indefinitely
Today the D.C. Circuit issued, on its own initiative, an order indefinitely holding in abeyance the litigation over the EPA’s New Source Performance Standards in North Dakota v. EPA. The succinct...
View ArticleEPA Moves to Hold Coal Ash Rule in Abeyance and to Continue Oral Argument
Last week, EPA filed a motion asking the D.C. Circuit to postpone oral argument scheduled for October 17 in Utility Solid Waste Activities Group v. EPA, Docket No. 15-1219, the litigation surrounding...
View ArticleD.C. Circuit Extends Abeyance of Clean Power Plan Litigation, Possibly for...
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...
View ArticleD.C. Circuit Vacates FERC Hydropower Licensing Decision
Earlier this month, the D.C. Circuit vacated a FERC order renewing a hydroelectric license issued to Alabama Power Company. FERC had granted Alabama Power Company a new 30-year license in 2013 to...
View ArticleGroup of States, Cities, and Organizations Tell Court Enough is Enough in CPP...
UPDATED 9.20.2018 EPA’s September 14 response is available here. Petitioners and Petitioner-Intervenors also responded. A group of intervenors in the litigation over the CPP (Intervenor-Respondents)...
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