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UPDATE: Docket 19-3658 - DOE EISA Lawsuit

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Get ready to wait a little longer.

Yesterday, the court granted the use of a deferred appendix in the case against the DOE regarding the withdrawal of standard lamp definition changes. The due date for briefs is 3/16, but the appellant has 21 days after filing the initial briefs to file the appendix (all documentation needed for the court to make a decision) and then another 14 days after that to resubmit their briefs with proper citations of the appendix material.

This likely means we won't have the full story in this case until 4/20 and the potential extra month in delay will further delay a decision - the court won't review the initial brief until the appendix is filed and the briefs re-filed with correct citations.

Do you like this waiting game yet?

Matt Bowgren's picture
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Matt Chester's picture
Matt Chester on Mar 6, 2020

What exactly is a deferred appendix, and why was it sought by those fighting these changes? What's the strategy-- to have more time to gather information, or is there any sort of 'gamesmanship' in play here?

Matt Bowgren's picture
Matt Bowgren on Mar 9, 2020

Not really gamesmanship - just gives them more time. From my understanding (I'm nowhere near a lawyer and am still learning about the full regulatory process) it's generally used when there is a lot of potential material to reference and this way they are able to have more time to go through everything and properly reference it in their brief. It also gives them more time to respond to everything the appellee (i.e. DOE) wants to include in the appendix and their brief. Ultimately, both parties have to agree to the appendix, so it's not like they're avoiding a surprise juror or something like you might see on TV.

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