The United States Court of Appeals for the District of Columbia will hear oral arguments on April 13, 2012 concerning its stay of the Environmental Protection Agency’s (“EPA”) Cross-State Air Pollution Rule (“CSAPR”). The Court issued its stay of CSAPR on December 30, 2011. (See January 9, 2012 edition of the WER).
In addition to setting a date for oral arguments, the Court denied a request by opponents of CSAPR to have their briefings separated. This decision has been deemed a setback and will create challenges for CSAPR opponents – as it sets a shorter briefing schedule and consolidates the issues being raised.
The EPA interpreted the briefing schedule as a positive indication that CSAPR will be reinstated and implemented quickly. Others have speculated that CSAPR is likely to be significantly revised or possibly rewritten.