Court adds 10th judge to hear arguments over landmark CPP rule

By Amanda Reilly, E&E.

In a surprise twist to the legal battle over the Clean Power Plan, the U.S. Court of Appeals for the District of Columbia Circuit expanded the panel of judges that will hear arguments next week.

Judge Cornelia Pillard, who has sat out previous decisions on the litigation, will hear arguments Tuesday, according to an order issued this morning.

All the court's active judges — except President Obama's nominee for the Supreme Court, Chief Judge Merrick Garland — will participate in the en banc arguments, the D.C. Circuit order says.