DC Circuit Denies Stay of Clean Power Plan


The DC Circuit issued a judgment denying the request for a stay in the case challenging the Clean Power Plan, West Virginia v. EPA. The decision simply states that the petitioners failed to meet the “stringent requirements for a stay pending court review.” The court ordered the parties to submit a proposed briefing schedule by January 27, and scheduled oral arguments for June 2, 2016.


Stay tuned for more analysis!

Reader Comments

2 Replies to “DC Circuit Denies Stay of Clean Power Plan”

  1. Dear Sarah,
    This is only a minor and temporary set back. The numerous lawsuits against the CPP will continue in various federal courts across America and thereby make the situation very difficult for the highly corrupt EPA to move forward with implementation.Eventually, a federal judge will issue an order impairing the CPP and our efforts will yet be rewarded. Also, we have the opportunity to vote on the CPP in November and that will likely kill it altogether. The CPP is based on the great big lie that it would somehow effect the global climate – it would not have any measurable effect whatsoever (that is why there are no performance guarantees). It is all cost and no benefits. The best course of action is to say a long goodbye to the CPP and hope that it goes down more quickly. Goodbye CPP.

    1. bqrq, your comment “numerous lawsuits” in “various federal courts” litigating the legality of the CPP surprises me. As far as I know, the DC Circuit has consolidated all the filings into this case. Are you aware of cases challenging the CPP in other courts, or in the DC circuit, that were not consolidated?

Comments are closed.

About Sarah

Sarah Duffy is a Shapiro Fellow in Environmental Law and Policy at UCLA School of Law. Her research interests include water conservation, state-level climate change poli…

READ more