D.C. Circuit Halts Clean Power Plan And Power Plant NSPS Litigation

Today, the U.S. Court of Appeals for the District of Columbia Circuit issued orders holding litigation challenging two major climate regulations in abeyance—the "Clean Power Plan" and the "Carbon Pollution Standards" for new and modified electric generating units.  Both rules were critical components of the Obama Administration's climate change agenda by requiring steep cuts in CO2 emissions from existing and new power plants, respectively.  In the orders, the court granted EPA's motion to hold the case in abeyance, but only for 60 days.  The court also ordered EPA to file status reports every 30 days.  The court further directed the parties to submit supplemental briefs by May 15th to address whether the cases should be remanded to EPA instead of held in abeyance.