|February 1, 2012|
Previously published on January 30, 2012
The United States Court of Appeals for the District of Columbia will hear oral arguments on April 13, 2012 concerning its stay of the Environmental Protection Agency’s (“EPA”) Cross-State Air Pollution Rule (“CSAPR”). The Court issued its stay of CSAPR on December 30, 2011.
In addition to setting a date for oral arguments, the Court denied a request by opponents of CSAPR to have their briefings separated. This decision has been deemed a setback and will create challenges for CSAPR opponents - as it sets a shorter briefing schedule and consolidates the issues being raised.
The EPA interpreted the briefing schedule as a positive indication that CSAPR will be reinstated and implemented quickly. Others have speculated that CSAPR is likely to be significantly revised or possibly rewritten.