On January 21, 2016, the U.S. Court of Appeals for the D.C. Circuit denied a petition from 27 states that had asked the court to stay EPA’s Clean Power Plan (CPP) (West Virginia et al. v. EPA). The D.C. Circuit stated that the petitioners did not satisfy the stringent requirements for a stay pending court review; the court provided no other explanation. But, the court did agree to expedite its consideration of the merits of the petitioners’ case.
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According to the petitioners, the CPP exceeds EPA’s authority by double-regulating coal-fired power plants and by forcing states to fundamentally shift their energy portfolios away from coal-fired generation. In its order, the court moved up oral arguments in the case to June 2–3, 2016.