Description: Challenge to final rule repealing the Clean Power Plan and replacing it with the Affordable Clean Energy rule.
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American Lung Association v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 08/28/2019 Motion Download Motion to expedite filed by EPA. EPA filed a motion seeking to expedite the D.C. Circuit’s consideration of the case. EPA requested a briefing schedule in which petitioners would file opening briefs by December 5, and briefing would be completed in February, potentially allowing oral argument as early as April 2020. The petitioners did not consent to the motion. 08/07/2019 Motion to Intervene Download Motion for leave to intervene in support of respondents filed by certain American Electric Power companies. 08/07/2019 Motion to Intervene Download Motion for leave to intervene as respondent filed by America's Power. 08/07/2019 Motion to Intervene Download Motion to intervene filed by Murray Energy Corporation. 08/07/2019 Motion to Intervene Download Motion for leave to intervene filed by Westmoreland Mining Holdings LLC. A number of entities applied to intervene in support of EPA in the proceeding, including coal companies Murray Energy Corporation and Westmoreland Mining Holdings LLC, the national association of rural electric cooperatives, the U.S. Chamber of Commerce, owners of coal-fired generating facilities, and a trade association of companies involved in the production, transportation, and use of coal to produce electricity. 08/06/2019 Motion to Intervene Download Motion for leave to intervene filed by Chamber of Commerce of the United States of America. 08/01/2019 Motion to Intervene Download Motion for leave to intervene in support of respondents filed by National Rural Electric Cooperative Association. 07/08/2019 Petition for Review Download Petition for review filed. First Lawsuit Filed Challenging Repeal and Replacement of Clean Power Plan. On July 8, 2019, the American Lung Association and American Public Health Association filed the first petition for review challenging the U.S. Environmental Protection Agency’s (EPA’s) final rule repealing the Obama administration’s Clean Power Plan and replacing it with the Affordable Clean Energy Rule, which establishes emission guidelines for existing coal-fired power plants based on heat rate improvement as the best system of emissions reduction. -
New York v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 08/13/2019 Petition for Review Download Petition for review filed. On August 13, 2019, 22 states, the District of Columbia, and six cities filed a petition for review of EPA’s repeal of the Clean Power Plan and promulgation of the Affordable Clean Energy rule in its place. -
Appalachian Mountain Club v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 08/14/2019 Petition for Review Download Petition for review filed. On August 14, 2019, 10 environmental groups filed a separate petition to join the challenges to the repeal of the Clean Power Plan. -
Chesapeake Bay Foundation v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 08/29/2019 Petition for Review Download Petition for review filed. On August 29, 2019, Chesapeake Bay Foundation filed petition for review of the repeal of the Clean Power Plan.