Tuesday, May 17, 2016

States' challenge to CO2 limits gets big appeals panel and is delayed; ruling will come post-election

"A U.S. appeals court on Monday delayed consideration of a challenge by 27 states to President Obama's federal regulations to curb carbon dioxide emissions mainly from coal-fired plants, meaning a decision will not come until after the November presidential election," Lawrence Hurley reports for Reuters. "The U.S. Court of Appeals for the District of Columbia Circuit will now hear the case on Sept. 27. The court was originally due to hear the case on June 2. The change appeared to be made so that a larger group of nine judges will hear the case instead of the normal three-judge panel."

Chief Judge Merrick Garland—Obama's nominee for Supreme Court—and Judge Cornelia Pillard recused themselves from hearing arguments on the Clean Power Plan, Michael Biesecker reports for The Associated Press. Of the nine remaining judges, five were appointed by Democratic presidents. "The Supreme Court voted 5-4 earlier this year to delay implementation of the plan until the legal challenges are resolved," but that vote was taken before the death of Justice Antonin Scalia, who voted to delay implementation of the plan until legal challenges were resolved. (IBEW Media Center map)

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