On its own motion, the D.C. Circuit Court of Appeals ordered that oral argument on the challenges to the United States Environmental Protection Agency’s Clean Power Plan be rescheduled to occur before the en banc court on September 27, 2016, rather than before a three-judge panel on June 2, 2016. The Federal Rules of Appellate Procedure provide that an en banc hearing “is not favored and ordinarily will not be ordered unless: (1) en banc consideration is necessary to secure or maintain uniformity of the court’s decisions; or (2) the proceeding involves a question of exceptional importance.” The order indicated that Judge Merrick Garland and Judge Cornelia Pillard had not participated in the matter. An en banc court without Judges Garland and Pillard would be composed of three judges appointed by President Obama, three judges appointed by President George W. Bush, two judges appointed by President Clinton, and one judge appointed by President George H.W. Bush.

Challenge to EPA's final Clean Power Plan rule.

West Virginia v. EPA

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D.C. Circuit Rescheduled Clean Power Plan Oral Argument for En Banc Hearing

Filed

United States of America

District of Columbia

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D.C. Circuit Rescheduled Clean Power Plan Oral Argument for En Banc Hearing

Renewable energy

Economic sector