D.C. Circuit Will Not Delay Briefing on Carbon Pollution Standards for New Power Plants

(Washington D.C. – January 4, 2017) The U.S. Court of Appeals for the D.C. Circuit announced this afternoon that briefing will continue as scheduled in litigation around America’s first-ever carbon pollution standards for new, modified, and reconstructed power plants.

The court order denied a request from petitioners in the case to extend the time for the briefing schedule in the case. 

“These safeguards protect our communities from climate pollution. They are thoroughly anchored in law and science. We’re pleased that the court did not agree to a delay in briefing,” said Martha Roberts, Attorney for Environmental Defense Fund (EDF), which is a party to the case.

The case challenges the first-ever nationwide limits on carbon pollution from new, modified, and reconstructed fossil fuel-fired power plants. A broad coalition is supporting the standards in court, including 18 states, the District of Columbia and the City of New York, seven power companies, and eight public health and environmental organizations (including EDF). 

Other supporters of the common sense standards have filed amicus, or “friend of the court,” briefs. They include a coalition of scientists in the field of carbon capture and storage, whose brief was accepted by the court today in the same order.

The case is North Dakota v. EPA. Oral argument before a three judge panel of the D.C. Circuit is scheduled for April 17, 2017.  

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. You can find all legal briefs in both cases on EDF’s website.