EPA Seeks Delays In Pending Air Rules Litigation

On April 18th, EPA filed motions in separate cases asking the D.C. Circuit Court of Appeals to delay pending litigation over two Clean Air Act (CAA) rules. In one case, EPA asked the court to delay oral argument, scheduled for May 18th, in the litigation challenging its supplemental findings regarding the cost of the Mercury and Air Toxics Standards (MATS) Rule, which regulates hazardous air pollutant emissions from coal- and oil-fired power plants. EPA argues that a continuance is appropriate because it intends to review the supplemental finding for possible modification or repeal, citing President Trump's recent " Executive Order on Promoting Energy Independence and Economic Growth."