DC Circuit Court Denies Stay On EPA Clean Power Plan
Originally published on CleanTechnica
According to Utility Dive, The U.S. Court of Appeals for the District of Columbia Circuit on Thursday denied a request to halt implementation of the EPA Clean Power Plan until litigation on the regulatory package has concluded.
This stay had been requested by a coalition of states and fossil fuel interests, led by West Virginia. The coalition argued members would suffer irreparable harm if the DC Circuit did not put a judicial stay on the emissions regulations seeking to cut carbon pollution from the power sector 32% by 2030.
The three-judge panel fast-tracked consideration of the case, setting June 2 as the date to hear oral arguments on the Clean Power Plan’s legality. Many observers expect the Supreme Court will now take up this case.
As reported by Utility Dive, in September, the DC Circuit rejected a separate request from the West Virginia-led coalition for a judicial stay, arguing the petition was premature because the EPA had not published its finalized regulation in the Federal Register.
“Once the plan was published in October, the coalition filed another request for a stay, arguing that its parties would suffer irreparable harm if the EPA were allowed to implement the carbon regulations while stakeholders litigate the plan in the courts. The petitioners, a group of fossil fuel producers, generators, and conservative states, argue that the agency overstepped its authority under the Clean Air Act by seeking to regulate pollution sources “outside the fenceline” of individual power plants.”
In the order, the three-judge panel wrote that the parties “have not satisfied the stringent requirements for a stay pending court review.”
The judges reviewing the case were Sri Srinivasan, Judith Roberts, and Karen Henderson, appointed by Presidents Obama, Clinton and Bush (41), respectively. The panel ordered expedited review of the case, setting June 2, 2016 as the date for oral arguments, and told the parties to “also reserve June 3 in the even argument cannot be concluded on June 2nd.”
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