State of West Virginia, et al v. EPA, et al

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Case overview

Case Number:

15-1363

Court:

Appellate - DC Circuit

Nature of Suit:

Companies

Government Agencies

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August 09, 2016
EPA Incinerator Ruling Undercuts CPP, DC Circ. Told

Opponents of the Obama administration's plan to reduce carbon dioxide emissions from existing power plants told the D.C. Circuit on Monday that the program can't proceed in light of a recent ruling that the U.S. Environmental Protection Agency can't require sources to average their emissions.
August 03, 2016
5th Circ. Haze Ruling Not Linked To CPP, EPA Tells DC Circ.

The U.S. Environmental Protection Agency told the D.C. Circuit on Tuesday that a recent Fifth Circuit decision staying an EPA haze plan in Texas and Oklahoma doesn't undermine the legality of the agency's Clean Power Plan, responding to more than a dozen states who said otherwise.
July 28, 2016
5th Circ. Haze Ruling Dooms Clean Power Plan, DC Circ. Told

The Fifth Circuit's recent block of the U.S. Environmental Protection Agency's regional haze plan for Texas and Oklahoma supports arguments that the agency overstepped its legal authority in crafting the Clean Power Plan, states challenging the rule told the D.C. Circuit on Wednesday.
June 13, 2016
Environmental Cases To Watch In The 2nd Half Of 2016

Courts are poised to issue rulings that could change the environmental law landscape over the next six months in several high-stakes cases, including the sprawling legal battle over the EPA's Clean Water Rule, a bevy of cases over the Flint, Michigan, drinking water crisis, and the Obama administration's controversial climate change plan.
June 13, 2016
Energy Cases To Watch In The 2nd Half Of 2016

Climate change and environmental regulation will dominate the energy-related litigation docket through the rest of 2016, from fights over the U.S. Environmental Protection Agency's blockbuster emissions rules to battles over climate change's place in environmental reviews of energy infrastructure projects. Here are the energy cases to watch in the second half of 2016.
June 10, 2016
The Biggest Environmental Rulings Of 2016: Midyear Report

From the U.S. Supreme Court's recent ruling giving federal courts the authority to review Clean Water Act jurisdictional findings to the high court's extremely rare decision to block the Obama administration's signature climate change regulations, 2016 already has been a big year in environmental law. Here's Law360's rundown of the most important rulings from environmental cases in the last six months.
May 17, 2016
3 Takeaways From DC Circ.'s Surprise CPP Argument Pivot

The D.C. Circuit's decision Monday to nix a June 2 panel hearing in favor of en banc oral arguments this fall in a closely watched challenge to the Obama administration's Clean Power Plan means CPP critics and the government will have to wait longer to cross swords, but the move may actually get the case to the U.S. Supreme Court more quickly. Here are three takeaways from the D.C. Circuit's extraordinary move.
May 17, 2016
Full DC Circ. To Hear CPP Challenges In the Fall

The D.C. Circuit on Monday changed up its plans for hearing challenges to the Clean Power Plan, the linchpin of the Obama administration's climate strategy, striking a panel hearing set for June and scheduling oral arguments before the en banc court on Sept. 27.
April 15, 2016
CPP Foes Take Down EPA's Defense Of 'Extraordinary' Rule

States and industry groups opposed to the Obama administration's signature climate change initiative that would curb greenhouse gas emissions from power plants told the D.C. Circuit on Friday that the government is downplaying the "extraordinary nature" of the rule.
April 01, 2016
EPA Has Authority To Craft CPP, Lawmakers Tell DC Circ.

Defenders of the U.S. Environmental Protection Agency's Clean Power Plan met Friday's deadline to file amicus briefs supporting the agency in the D.C. Circuit, including more than 200 current and former U.S. lawmakers who say that the rule is true to the language and legislative history of the Clean Air Act.