Power Companies Press DC Circuit for CPP Decision as EPA Argues for Indefinite Stay

Power Companies Press DC Circuit for CPP Decision as EPA Argues for Indefinite Stay

May 17, 2017

by Margarita Fournier, Copyright 2016 by Competitive Assets, LLC.  All rights reserved

On 5/16/17, UtilityDIVE reported that the “U.S. Environmental Protection Agency this week asked the U.S. Court of Appeals for the District of Columbia Circuit to indefinitely delay litigation on the Clean Power Plan as it considers changes to the carbon regulations put in place by President Obama. A group of conservative states, electric co-ops, and other energy groups joined the EPA, arguing that holding the case in indefinite abeyance would allow the court to revisit the issue if the agency does not make major changes to the regulations. A separate group of power companies and clean energy trade associations argued that the court should issue a ruling in the case or remand it back to the agency. Not doing so would amount to ‘short-circuiting’ requirements of the Administrative Procedure Act and the Clean Air Act, they wrote.”

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