White House Delay in Acting on Clean Power Plan Is Risky, Expert Says

White House Delay in Acting on Clean Power Plan Is Risky, Expert Says

Mar 24, 2017

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

On 3/24/17, SNL Energy reported on the progress of an expected executive order to repeal the Clean Power Plan. It was expected last month, but so far, no action has taken place and it is starting to affect related litigation. “Judges at the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments on a challenge to the rule in September 2016. The D.C. Circuit generally releases its opinions on Tuesdays and Fridays, and energy industry stakeholders have been eagerly checking with the court on those days to see if it handed down a ruling in the case. Some experts originally expected the opinion to come out around Inauguration Day or sometime during February, but parties to the case raised a new procedural issue in January that needed to be addressed before the judges issue their ruling, which gave the Trump administration a bit more time to pre-empt the court by issuing an executive order.”

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