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).
