D.C. Circuit

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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Guest Blogger Kate Konschnik: The Debate about EPA’s Authority to Regulate Carbon Pollution is a Lot of Things – But Not These Things

Kate Konschnik is the Director of Harvard Law School’s Environmental Policy Initiative. The views expressed in this blog post are her own.

Clean Power Plan challengers have asked the D.C. Circuit to stay the rule pending litigation.  Today, industry and environmental groups supporting EPA will file their oppositions to this request.  The stay motions included the charge that EPA may not use Section 111(d) at all to curb pollution from existing power plants.  Dan Farber and I …

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A win for EPA on mountaintop removal

D.C. Circuit upholds Enhanced Coordination Process, refuses to review agency guidance

The D.C. Circuit has rejected a challenge to consultation procedures developed by the EPA and Corps of Engineers for reviewing mountaintop removal mining permits and to EPA’s guidance for reviewing permits issued by the Corps or state permitting agencies. Because it rests on standard administrative law, the decision shouldn’t merit comment. But it does, because …

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Guest Blogger Joel Eisen: D.C. Circuit Vacates FERC Smart Grid “Demand Response” Rule

Joel B. Eisen is Professor of Law and Austin Owen Research Fellow at University of Richmond School of Law. His scholarly work is available here. Last Friday (May 23), in Electric Power Supply Association v. FERC, a D.C. Circuit panel split 2-1 and vacated Order 745, a Federal Energy Regulatory Commission (FERC) rule designed to …

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The D.C. Circuit’s Sleeper Decision in CBD v. EPA

Before I even get to the majority opinion in Center for Biological Diversity v. EPA, a quick word about the concurring opinion by Judge Brett Kavanaugh.  Kavanaugh may be the most outspoken conservative on a court composed almost entirely of Republican appointees.  So what he has to say about climate change is really noteworthy:  In …

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Obama’s Tactics on Greenhouse Gas Regulations Come Into View

Last week, Ann wondered why the Obama Administration has withdrawn proposed rules on greenhouse gas emissions from stationary sources, worrying that time might run out of the possibility of getting them written in time for the end of Obama’s second term.  The two reasons proffered — 1) susceptibility to legal attack; and 2) waiting until the …

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Cellulosic Biofuel mandate for 2013

I mentioned the other day that the D.C. Circuit struck EPA’s cellulosic biofuel mandate for 2012. Today, the New York Times reported on EPA’s 2013 quota. EPA has proposed to  raise the mandate to 14 million (ethanol-equivalent) gallons for 2013. EPA explicitly stated that it believes its 2013 proposal “is consistent with” the D.C. Circuit …

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D.C. Circuit’s biofuels mandate ruling

The D.C. Circuit issued an opinion last Friday in American Petroleum Institute v. EPA, concerning EPA’s biofuels mandate. (N.Y. Times; slip opinion). The part of the mandate at issue required refiners to incorporate higher levels of cellulosic fuel into transportation fuel. Cellulosic biofuel is in the class of “advanced biofuels” that could actually offset greenhouse gas …

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We Interrupt This Blog…

…and outsource it to Scott Lemieux of Lawyers, Guns, and Money, who sets forth succinctly the meaning of Neoconfederate David Sentelle’s DC Circuit opinion today regarding recess appointments.  Specifically, this controversy concerned recess appointments to the National Labor Relations Board, and the right-wing Republican panel struck them all down, which I am sure is completely …

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DC Circuit upholds air pollution standards for lead

The Legal Planet team has been so busy fretting over the Gulf oil spill (not to mention getting our grading done) that we’ve skipped over some important environmental law developments. Here’s one. In May, the US Court of Appeals for the DC Circuit, upheld EPA’s National Ambient Air Quality Standards (NAAQS) for lead against an …

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