Challenges to EPA’s Clean Power Plan are pending in the Circuit Court for the District of Columbia. Oral argument on those challenges had been scheduled for June 2, 2016. On May 16, though, on its own motion, the D.C. Circuit moved the oral argument date from June until September 27. In addition, the case will no longer be heard before the original three-judge panel assigned to it, but instead will be heard by the entire D.C. Circuit Court—so-called “en banc” review. The order changing the argument provided no reasons for the Court’s decision, but did note that Chief Judge Garland, who has been nominated by President Obama to serve on the U.S. Supreme Court, and another judge did not participate in the decision.
The order does not affect the previous “stay” of the rule entered by the Court, but does practically guarantee that there will be no decision from the D.C. Circuit Court prior to the November election.
This article was authored by Robert G. McLusky, Jackson Kelly, PLLC.