D.C. Circuit Issues Procedural Order in Litigation over Carbon Pollution Standards for New Power Plants

(Washington, D.C. – June 24, 2016) This morning, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued a procedural order in the pending litigation over the Environmental Protection Agency’s (EPA) carbon pollution standards for new, modified, and reconstructed sources (State of North Dakota v. EPA, No. 15-1381).  

Today’s order adjusts the briefing schedule in the case. Briefing had previously been scheduled to begin on July 15, but today’s order adjusts that schedule to allow for the consolidation and efficient review of all legal challenges related to these standards. Motions to consolidate must now be filed by July 12, and motions to establish a new briefing schedule in the case must be filed by August 4. 

“We look forward to presenting the strong legal foundation for these common sense climate protections once a new briefing schedule is established,” said Tomas Carbonell, Director of Regulatory Policy and Lead Attorney for Environmental Defense Fund, which is a party to the case.

The carbon pollution standards for new, modified, and reconstructed sources establish the first nationwide limits on carbon pollution from new fossil fuel-fired power plants. They were finalized last October. EDF is also a party to litigation over the Clean Power Plan, which sets the first national standards for existing fossil-fuel fired power plants.