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.