Posted on 05/16/2016 2:48:12 PM PDT by jazusamo
Opponents of the Obama administration’s landmark climate change rule will have to wait three more months to argue their case in federal court.
The Court of Appeals for the District of Columbia Circuit said Monday that oral arguments in the case over the Clean Power Plan will be held Sept. 27, rather than June 2, when they were originally scheduled earlier this year.
Additionally, the case will be heard by a full panel of nine of the court’s judges. Chief Judge Merrick Garland, who President Obama has nominated to sit on the Supreme Court, has recused himself from all cases, and Judge Nina Pillard also elected to sit out of the “en banc” case. The decision to delay the case and expand the panel was made by the court on its own, and not in response to a request from any particulate litigant. The court did not explain why it made the decision.
It will likely push back the entire litigation process for a case with dozens of participants that is nearly certain to be appealed to the Supreme Court after the D.C. Circuit’s decision.
Before appealing to the Supreme Court, litigants would have to appeal to the full “en banc” panel of the circuit court, a step that is now precluded.
By prolonging the litigation, the court is also lengthening the time that the Clean Power Plan is on hold. The Supreme Court halted the regulation earlier this year and said that it cannot be enforced until all the litigation is complete.
If the Senate does not confirm Garland or another ninth Supreme Court justice and the court’s eight justices remain, it could easily reach a 4-4 tie when the case reaches the high court, in which case the circuit court’s decision would stand.
In the case, West Virginia, along with numerous other states, energy companies, business interests and others argue that the Environmental Protection Agency (EPA) is violating the Clean Air Act with last year's limits on carbon dioxide emissions from the power sector.
Hopefully the delay with last until after the end of Zero’s term. Then President Trump can tell the EPA to rescind the rule. And then eliminate the EPA!
Amen...I don’t know the ins and outs of the appeals court process but this seems like a blow to 0bama and the EPA by delaying it that far and so close to the election.
Let's be real....the decision has already been made.
It's just a matter of the pompous court routine.
IIRC, the Appeals Court is the final decision and no one can overrule.
If the appeals court rules in favor of 0bama and the EPA and it’s appealed to SCOTUS they can overrule them but with an 8 judge court if the vote is split the appeals court ruling stands.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.