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  • 16
  • May
  • 2017

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D.C. Circuit Suspends Proceedings in Clean Power Plan Case

On Friday, April 28, 2017, the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”) granted the U.S. Environmental Protection Agency’s (“EPA’s”) request to suspend litigation in two cases considering the Clean Power Plan (the “CPP”). The D.C. Circuit’s orders come after the D.C. Circuit heard en banc oral arguments in one of the cases, West Virginia v. EPA, 15-1363, last year. The D.C. Circuit’s orders required the parties to file supplemental briefing on the question of whether the CPP should be remanded to EPA, which they have filed. A key question to be decided based on this briefing is the effect of a remand on the Supreme Court’s February 2016 stay on the CPP. This post discusses the background of the CPP cases, the D.C. Circuit’s orders, and potential scenarios if the D.C. Circuit decides to remand the CPP to EPA.

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  • 14
  • March
  • 2017

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EPA Withdraws Request for Information About GHG Emissions From the Oil and Gas Industry

On March 2, 2017, EPA announced that it was withdrawing its information collect request (the “ICR”) asking owners and operators in the oil and natural gas industry to provide information on equipment and air emissions at existing oil and gas operations. The withdrawal is effective immediately, meaning owners and operators—including those who have received an extension to their due dates for providing the information—are no longer required to respond to the request. Unlike other actions taken by the prior administration’s EPA, such as final regulations promulgated in compliance with the Administrative Procedure Act (“APA”), the ICR could be withdrawn without notice and comment, because it was not a rule subject to APA procedures.

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Margaret E. Peloso

Margaret E. Peloso Counsel

Eric Groten

Eric Groten Partner

George C. Hopkins

George C. Hopkins Partner

Michael B. Wigmore

Michael B. Wigmore Partner

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Matthew Dobbins Senior Associate

Tyler E. Robinson

Tyler E. Robinson Senior Associate

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Theresa Romanosky Associate

Brandon M. Tuck

Brandon M. Tuck Senior Associate