Appeals court in US delays Clean Power Plan arguments for autumn

The US Court of Appeals for the District of Columbia Circuit has postponed until September 27 oral arguments in the case that would determine the legality of the Clean Power Plan.

Previously, oral arguments were scheduled for June 2 before a three-judge panel. The court has now determined that arguments will be presented before the full court in September.

News portal Think Progress cited a lawyer familiar with the case as saying that the nearly four-month delay may in fact speed things up. By skipping the three-judge panel and going en banc the case may avoid later delays at the D.C. Circuit Court of Appeals.

The Clean Power Plan, announced in 2015 by the Environmental Protection Agency (EPA), sets carbon dioxide (CO2) emission limits for existing power plants in separate states. The main goal is to cut CO2 emissions by 32% from 2005 levels by 2030, thanks to the use of more renewables and other measures.

Soon after its launch, EPA’s plan was challenged by polluters, climate contrarians and other groups, all of which want to have it invalidated.

Under the original plan, states had to file their respective clean plans with the EPA in September 2016 -- a deadline that is no longer relevant. Because of the court proceedings, the actual enforcement of the plan and emissions limits will be delayed significantly.

The Supreme Court in February said it would not make a decision on the Clean Power Plan until all other legal fights are resolved.

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