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Climate Change Hero

Climate Change Blog

  • 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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  • 02
  • February
  • 2017


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With the Clean Power Plan Under Attack Could a Climate NAAQS be Next?

While on the campaign trail, President Trump made several statements suggesting that he will seek to reverse many of the regulations and guidance documents that constitute President Obama’s Climate Action Plan, including the Clean Power Plan. Recent actions and statements by the Trump Administration have further signaled the potential for a significant reversal of U.S. climate policy. Given that the new Administration is unlikely to pursue further policies aimed at cutting greenhouse gas (GHG) emissions, and may even attempt to roll back some existing regulations, many environmental organizations and think tanks are considering alternative measures to achieve emission reductions.

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  • 10
  • February
  • 2016


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Supreme Court Stays Clean Power Plan, What’s EPA’s Next Move?

In an unprecedented order issued last night, the Supreme Court stayed the implementation of the Obama Administration’s greenhouse gas emission standards for existing power plants, commonly referred to as the Clean Power Plan (“CPP”).  Earlier this year, the D.C. Circuit denied a similar request to stay the implementation of the CPP while legal challenges to the rule proceed, a sign that the D.C. Circuit merits panel is inclined to uphold the CPP.

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Margaret E. Peloso

Margaret E. Peloso Partner

Eric Groten

Eric Groten Partner

George C. Hopkins

George C. Hopkins Partner

Michael B. Wigmore

Michael B. Wigmore Partner

Mattew T. Dobbins

Matthew Dobbins Senior Associate

Tyler E. Robinson

Tyler E. Robinson Senior Associate

Theresa Romanosky

Theresa Romanosky Senior Associate

Brandon M. Tuck

Brandon M. Tuck Counsel