The U.S. Court of Appeals for the D.C. Circuit has decided the full panel of active circuit judges will hear the case of the Clean Power Plant as challenged by Oklahoma and a few dozen other states. The hearing was postponed until Sept. 27, a move considered unusual.
The Washington Post indicated the decision by the entire panel of active judges will also exclude some of the most conservative judges who are on senior status. It might also prevent gridlock at the supreme Court where a tie vote would leave the appellate court’s decision intact.
Oklahoma Attorney General Scott Pruitt and attorneys general from nearly two dozen other states challenged the Environmental Protection Agency’s Clean Power Plan that would force states to reduce greenhouse gas emissions from existing power plants by 32 percent by 2030.
