On May 12, EPA filed a motion to transfer California's challenge to EPA's waiver denial from the Ninth Circuit to the D.C. Circuit. This is EPA's second attempt to nix the Ninth Circuit appeal. (It previously moved to dismiss the appeal, arguing that the Dec. 19, 2007 letter from EPA informing California of the waiver denial was not final agency action subject to appeal.)
California's opening merits brief had been due today, May 14. This latest motion, which automatically stays the briefing schedule, is expected to push things back 2-6 weeks, depending how long it takes the court to decide the motion.