EPA Asks DC Circ. To Put Off Ruling On Clean Power Plan

Law360, New York (March 29, 2017, 8:56 AM EDT) -- The U.S. Environmental Protection Agency on Tuesday asked the D.C. Circuit to hold off on issuing an opinion on the validity of the Clean Power Plan, following President Donald Trump’s signing of an executive order directing the EPA to review the rule.

The D.C. Circuit heard en banc oral arguments in the case in September and is presumably formulating an opinion, but with Trump’s election the chances of the rule’s survival in its current form have diminished significantly. In a motion filed late Thursday, just hours after Trump signed his “energy independence” executive order, the EPA told the appeals court that...

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