Court again stays litigation over Obama climate rule

Source: Amanda Reilly, E&E News reporter • Posted: Monday, November 13, 2017

The U.S. Court of Appeals for the District of Columbia Circuit yesterday said it would suspend litigation over the Obama administration’s Clean Power Plan for an additional 60 days.

The abeyance comes as U.S. EPA has begun the process to repeal the rule, which required states to develop plans to lower carbon dioxide emissions from existing power plants. EPA Administrator Scott Pruitt signed a repeal proposal in October; the agency is currently accepting public comment.

Yesterday’s order, which the full D.C. Circuit issued on its own motion, marks the third time the court has suspended the litigation over the Clean Power Plan as the Trump administration reviews the rule. Judges ordered EPA to file status reports every 30 days.

In the meantime, implementation of the Clean Power Plan remains stayed by the Supreme Court.

Greens and state supporters of the plan have continually urged the D.C. Circuit to issue a ruling on the program, arguing that EPA is skirting its legal obligations to issue greenhouse gas regulations (Greenwire, Oct. 17).