The Tenth Circuit Court of Appeals denied Oklahoma’s request for an injunction pending the state’s appeal of a district court’s dismissal of its challenge to the United States Environmental Protection Agency’s (EPA’s) Clean Power Plan. Oklahoma filed its lawsuit in the Northern District of Oklahoma before EPA finalized its rule regulating carbon dioxide emissions from existing power plants but after the D.C. Circuit Court of Appeals dismissed other lawsuits that challenged the proposed plan. The district court dismissed Oklahoma’s lawsuit less than three weeks after it was filed, noting that there was no exception to the requirement for final agency action and that exclusive jurisdiction for review would lie with the D.C. Circuit.

Challenge to proposed regulation of carbon dioxide emissions from existing power plants.


Oklahoma v. McCarthy

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Tenth Circuit Denied Oklahoma’s Request for Preliminary Injunction for Clean Power Plan

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

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Area of the economy in which actors engage in identical or related activities.

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The management and allocation of funds, assets and investments to meet various objectives