Clean Power Plan to get unanticipated en banc review

By Jonathan Adler, Washington Post.

Monday, acting on its own initiative, the U.S. Court of Appeals for the D.C. Circuit announced that it would hear challenges to the Obama administration’s Clean Power Plan sitting en banc. As per the court’s order, the challenges will be heard by the full court in September. A three-judge panel had been scheduled to hear arguments June 2.