D.C. Circuit Rejects Trump Administration Request to Indefinitely Delay Clean Power Plan Litigation

(Washington, D.C. – November 9, 2017) The full U.S. Court of Appeals for the D.C. Circuit issued an order this afternoon rejecting a request by the Trump Administration to indefinitely suspend litigation over the Clean Power Plan.

“EPA has a responsibility under the Clean Air Act to protect our communities and families from the clear and present danger of climate pollution,” EDF Senior Attorney Tomás Carbonell.  “The court rejected the Trump Administration’s litigation tactics to evade accountability for climate action. As recently as last week the U.S. government released the latest report documenting the urgent and growing threat that climate pollution poses to public health and prosperity. We are in a race against time to respond to that threat.” 

The Trump Administration asked the D.C. Circuit for indefinite abeyance last month, immediately after issuing a proposed repeal of the Clean Power Plan. Today the en banc court rejected that request and instead ordered EPA to report to the court in 30 days while pausing litigation for only 60 days. 

The Clean Power Plan is the only nationwide limit on the climate pollution from coal plant smokestacks and other fossil fuel power plants – the single largest source of industrial climate pollution in our nation.

Last week, the U.S. government issued the Climate Science Special Report – a major scientific report that shows climate change is already causing significant damage in America and will almost certainly continue to do so.