D.C. Circuit Denies Motion to Stay the Clean Power Plan

Posted on January 21st, 2016 by Jessica Wentz

This afternoon a panel of the D.C. Circuit Court of Appeals denied the motions filed by states and industry groups to stay the Obama administration’s Clean Power Plan. In a short, per curiam order, the panel stated that petitioners had failed to meet the “stringent requirements for a stay pending court review.” Accordingly, the Clean Power Plan remains in effect, and the early-stage efforts to develop state compliance plans will continue.

The panel also ordered an expedited briefing schedule with an end-date in late April. The court will hear oral argument on the merits of petitioners’ challenges on June 2.

Notably, the three-judge panel includes Judith W. Rogers (appointed by President Bill Clinton), Karen LeCraft Henderson (appointed by President George H. W. Bush) and Sri Srinivasan (appointed by President Barack Obama).

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