While keeping CPP litigation on ice, judges warn EPA about delaying GHG regulation

25 Aug 2017   Climate, USA

A federal appeals court has extended by 60 days the abeyance period for the Clean Power Plan litigation pending the Environmental Protection Agency’s review of that regulation. But in an unusual move, two of the 10 judges on the panel reminded the agency of its statutory obligation to regulate greenhouse gases, indicating that at least some of the judges may be growing impatient with the continued delay in regulating carbon emissions from power plants. The DC Circuit Court of Appeals in April suspended the lawsuit (State of West Virginia , et al. v. EPA, 15-1363) over the contentious rule that sought a 32% drop from 2005 levels in the existing generation fleet’s carbon emissions by 2030. The two-page order issued August 8 by the DC Circuit extended the abeyance period and asked EPA to continue filing status updates every 30 days. The extension would have been a procedural development […]

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