D.C. Circuit Halts Clean Power Plan, Mercury Rule Litigation
In two separate actions over the past 24 hours, the D.C. Circuit granted the Environmental Protection Agency’s (EPA’s) request to suspend cases challenging the Clean Power Plan and the Mercury and Air Toxics Standards (MATS).
The orders are the latest in a series of similar actions over the past month by the D.C. Circuit that paused other major cases challenging Obama-era environmental rules to give the Trump administration more time to review them.
On April 11, the court granted the EPA’s motion to indefinitely delay a decision on challenges to the agency’s 2015 National Ambient Air Quality Standards (NAAQS) for ozone in Murray Energy Corp. v. EPA (No. 15-1385). On April 24, it shelved oral arguments in challenges to the EPA’s rule that requires 36 states to revise emissions exemptions in their state implementation plans for startup, shutdown, and malfunction events at power plants and other facilities. That case, Walter Coke, Inc., et al v. EPA (No. 15-1166), may be reopened depending on the action the EPA decides to take.…