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ARTICLE · 25 JANUARY 2016

Unlike Keith Richards, I Have Not Fallen Out Of A Tree

Foley Hoag LLP
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Last month, I went out on a limb and predicted that the D.C. Circuit Court of Appeals would not stay the CPP. Today, the Court vindicated my faith in judicial rationality and refused to grant a stay.

United StatesEnvironment
Seth Jaffe
Seth Jaffe
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Last month, I went out on a limb and predicted that the D.C. Circuit Court of Appeals would not stay the CPP.  Today, the Court vindicated my faith in judicial rationality and refused to grant a stay.  In a brief order, the Court simply stated that "Petitioners have not satisfied the stringent requirements for a stay pending court review."

The Court did expedite briefing, requiring all briefs to be filed by late April.  Those of you wondering how the Court could possibly absorb all of the complex issues involved in the appeal will be interested to know that the Court scheduled argument for June 2, but advised the parties to reserve June 3 as well "in the event argument cannot be concluded on June 2nd."

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