clean power plan litigation

The Supreme Court Stay and the Dog That Didn’t Bark

EPA’s Requirements for New Plants Remain Intact

The Supreme Court’s stay of the Clean Power Plan was a surprise to almost all observers, maybe even to the lawyers requesting the stay.  We can only speculate on what the five majority Justices had in mind, since there was no written opinion. The practical impact of the decision is also unclear. E&E news reports that the …

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EPA Wins the First Round in Clean Power Plan Litigation

…But this is just the beginning—and the Supreme Court will have a say

As we reported last week, on January 21st, a D.C. Circuit panel denied Clean Power Plan opponents’ request for a “stay”—or temporary suspension—of the rule pending judicial review. Read the court order here. We have discussed the Clean Power Plan litigation at length on Legal Planet. As a quick refresher, the Clean Power Plan is …

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