Developments continue as legal maneuvers impact the implementation of the Obama administration’s Clean Power Plan (CPP). As recent as February 9, a stay was granted halting the implementation of the CPP, pending a review of the merits of the rule by the D.C. Circuit Court. On May 16, in an unexpected twist, the U.S. Court of Appeals for the D.C. Circuit Court indicated it would hear challenges to the CPP sitting en banc. En banc means the full panel of circuit court justices will hear the case rather than the more traditional panel of three justices. The decision to have an en banc review has the potential to expedite the ruling and the implementation timeline of the CPP. Hearing arguments en banc reinforces the complexity and significance of the CPP.
While the immediate effect of the en banc order is to delay oral arguments by almost four months, the ultimate effect could be to accelerate total review time within the D.C. Circuit Court. This is given the high likelihood of an en banc review following any decision by a three judge panel. In the interim, the Environmental Protection Agency is precluded from taking action to implement its regulations. The impact to CPP implementation timelines on states and generation owners is unknown at this time.
Washington Post: Supreme Court puts the brakes on the EPA’s Clean Power Plan
Forbes: U.S. v. Microsoft: High Court Punts Microsoft Case To D.C. Circuit
 Utility MATS is the Environmental Protection Agency’s final rule on mercury and air toxics standards for coal and oil-fired electric utility steam generating units, issued in November 2014
This report is part of ScottMadden’s Fossil Minute series. To view all featured Fossil Minutes, please click here.
Sussex Economic Advisors is now part of ScottMadden. We invite you to learn more about our expanded firm. Please use the Contact Us form to request additional information.