Description: Lawsuit seeking to force EPA to regulate greenhouse gas emissions from aircraft, ships, and non-road engines.
-
Center for Biological Diversity v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 03/20/2012 Order Download Complaint dismissed. EPA moved to dismiss several additional causes of action in the complaint concerning greenhouse gas emissions and black carbon from non-road vehicles and engines. The district court denied the motion as moot given that EPA agreed to respond to three outstanding petitions by plaintiffs within 90 days. 07/05/2011 Memorandum Opinion and Order Download Granted in part, denied in part. A district court held that EPA is not required to issue endangerment findings under the Clean Air Act for greenhouse gas emissions for marine vessels and nonroad vehicles and engines, but held that it is required to issue such findings for aircraft engines. EPA argued that the provisions upon which the plaintiffs relied cannot support undue delay claims because they give the agency discretion to conduct the endangerment findings but do not require the agency to do so. The court agreed with respect to Section 213, which governs marine vessels and nonroad engines. However, Section 231, which governs aircraft engines, contains mandatory language that creates a mandatory duty to regulate. 04/11/2011 Memorandum Opinion and Order Download Motion to intervene denied. The court denied motions by two aviation associations to intervene in a lawsuit seeking an order requiring EPA to use its authority under the CAA to regulate GHGs from marine vessels, aircraft, and other non-road vehicles, holding that the associations failed to establish Article III standing. The court determined that implementation and enforcement of new emission standards are too hypothetical and too far removed to constitute an impending causally connected injury for standing purposes, given that the plaintiffs are asking EPA to make an endangerment finding. The associations’ alleged economic injury is based on the outcome of this determination, which is an issue not before the court. 06/11/2010 Complaint Download Complaint filed. Several environmental groups filed an action seeking to force EPA to regulate GHG emissions from aircraft, ships and non-road engines used in heavy industrial equipment. According to the complaint, these sources produce about a quarter of GHG emissions from mobile sources in the U.S. but have not yet been regulated by EPA.