February 27, 2017
Power industry groups want the D.C. Circuit to consolidate a request for the court to review the U.S. Environmental Protection Agency's denial of administrative petitions to reconsider or delay the Clean Power Plan, which aims to regulate carbon dioxide emissions from existing power plants, with the main suit challenging the rule's overall legality.
January 02, 2017
After a year filled with blockbuster rulings, energy litigation will again grab the spotlight in 2017, with an eagerly awaited decision on the legality of the Obama administration's signature Clean Power Plan taking center stage. Here are the cases that energy attorneys will be watching this year.
November 07, 2016
The U.S. Environmental Protection Agency fought back Monday against the National Mining Association's allegation that the agency understated the Clean Power Plan's effects by exaggerating how much coal generation will decline despite the plan, saying the miners presented no new meaningful information.
November 01, 2016
The National Mining Association on Monday told the D.C. Circuit that the U.S. Environmental Protection Agency understated the effects of the Clean Power Plan by exaggerating how much the rate of coal generation will decline if the rule is not adopted.
September 27, 2016
Ten D.C. Circuit judges wrestled Tuesday with the Obama administration's ambitious plan to slash greenhouse gas emissions at existing power plants, grilling government, industry and environmental attorneys about the new rule's constitutionality and the EPA's authority to craft it.
September 26, 2016
The attorneys general for Texas and West Virginia blasted the U.S. Environmental Protection Agency's Clean Power Plan in advance of their arguments to nix the rule this week, maintaining Monday that the plan usurps state authority.
September 26, 2016
After months of court filings and surprising pretrial rulings, an en banc D.C. Circuit on Tuesday will finally hear oral arguments in the biggest environmental and energy case in years: a massive challenge to the legality of the Clean Power Plan.
September 22, 2016
A D.C. Circuit judge appointed by President Barack Obama who many assumed would not be participating in next week's oral arguments over the U.S. Environmental Protection Agency's Clean Power Plan will in fact be present, the court clarified Thursday.
August 25, 2016
Business groups opposed to the U.S. Environmental Protection Agency's Clean Power Plan told the D.C. Circuit on Thursday that the court rulings the agency has cited to support the plan don't apply.
August 18, 2016
The U.S. Environmental Protection Agency told the D.C. Circuit on Wednesday that recent court rulings on the agency's emissions rule for boilers and incinerators and the Department of Energy's use of the so-called "social cost of carbon" in energy efficiency rules puts the EPA's Clean Power Plan on firm legal ground.