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 08/03/2020 Order Download Oral argument scheduled. D.C. Circuit to Hear Argument on October 8 on Repeal and Replacement of Clean Power Plan. Briefing was completed in the litigation challenging the U.S. Environmental Protection Agency's repeal of the Clean Power Plan and the promulgation of the Affordable Clean Energy Rule in its place. The D.C. Circuit scheduled oral argument for October 8, 2020. 07/30/2020 Notice Download Notice of support for other petitioners' reply briefs filed by the Clean Energy Associations. 07/30/2020 Reply Download Reply brief filed by petitioner Biogenic CO2 Coalition. 07/30/2020 Reply Download Reply brief filed by public health and environmental petitioners. 07/30/2020 Reply Download Reply brief filed by state and municipal petitioners and petitioner-intervenor State of Nevada. 07/28/2020 Reply Download Reply brief filed by petitioners Robinson Enterprises, Inc. et al. 07/16/2020 Brief Download Core legal issues brief filed by State of North Dakota. 07/16/2020 Brief Download Initial brief filed by public health and environmental respondent-intervenors. 07/16/2020 Brief Download Brief filed by state and municipal respondent-intervenors. 07/16/2020 Brief Download Brief filed by state and industry intervenors for respondent regarding Affordable Clean Energy Rule. 07/16/2020 Brief Download Brief filed by state and industry intervenors for respondent regarding Clean Power Plan repeal. 06/23/2020 Amicus Brief Download Brief filed by National Association of Home Builders as amicus curiae in support of respondents. The National Association of Home Builders filed a brief in support of EPA’s repeal of the Clean Power Plan, asserting that EPA “rightfully eliminates the Clean Power Plan’s overly expansive regulatory framework.” 06/16/2020 Brief Download Brief filed by respondents. EPA Defended Clean Power Plan Repeal and Replacement. On June 16, 2020, EPA filed its brief defending the repeal of the Obama administration’s Clean Power Plan and the promulgation of the Trump administration’s replacement rule, the Affordable Clean Energy (ACE) Rule. EPA argued that the Clean Power Plan was unlawful because Section 111(d) required that emissions reductions occur at a particular source and did not authorize the Clean Power Plan’s “generation shifting” measures. EPA also contended that it had properly defined a “Best System of Emissions Reduction” as an array of heat ray improvement methods and had properly identified the degree of emission limitations achievable. EPA also responded to arguments that it lacked authority to regulate carbon dioxide emissions at existing power plants; EPA argued that the ACE Rule was lawful based on EPA’s 2015 New Source Rule and did not require a new endangerment finding. In addition, EPA said regulation of hazardous air pollutant emissions under Section 112 did not bar regulation of carbon dioxide emissions under Section 111(d). EPA also argued that states could not adopt trading programs in place of source-specific emission standards and that the Clean Air Act did not permit compliance with the ACE Rule through biomass co-firing. 04/24/2020 Amicus Brief Download Brief filed by Union of Concerned Scientists and individual scientists and economists as amici curiae in support of petitioners. Individuals, companies, and organizations filed 18 amicus briefs in support of the Public Health and Environmental Petitioners, State and Municipal Petitioners, Clean Energy Associations, and Power Company Petitioners. The amicus parties included climate scientists, administrative law professors, members of Congress, the co-leader of the Interagency Working Group that developed the Social Cost of Carbon methodology, the principal staff drafter of the 1970 Clean Air Act Amendments, outdoor gear companies, a coalition of local governments and officials and municipal organizations, Service Employees International Union, medical groups, and faith organizations. 04/24/2020 Amicus Brief Download Brief filed by energy modelers as amici curiae in support of State and Municipal, Public Health and Environmental, Power Company, and Clean Energy Trade Association Petitioners. 04/24/2020 Amicus Brief Download Brief filed by amici curiae Environment America and National Trust for Historic Preservation in support of petitioners. 04/24/2020 Amicus Brief Download Brief filed by faith organizations as amici curiae in support of State and Municipal, Public Health and Environmental, Power Company, and Clean Energy Trade Association Petitioners. 04/24/2020 Amicus Brief Download Brief filed by former commissioners of the Federal Energy Regulatory Commission as amici curiae in support of State and Municipal, Public Health and Environmental, Power Company, and Clean Energy Trade Association Petitioners. 04/24/2020 Amicus Brief Download Brief filed by Professor Michael Greenstone, the co-leader of the Interagency Working Group that developed the Social Cost of Carbon methodology, as amicus curiae in support of State and Municipal, Public Health and Environmental, Power Company, and Clean Energy Trade Association Petitioners. 04/24/2020 Amicus Brief Download Brief filed by members of Congress as amici curiae in support of petitioners. 04/24/2020 Amicus Brief Download Brief filed by local governments and officials and municipal organizations as amici curiae in support of State and Municipal, Public Health and Environmental, Power Company, and Clean Energy Trade Association Petitioners. 04/24/2020 Amicus Brief Download Brief filed by two outdoor gear companies as amici curiae in support of State and Municipal, Public Health and Environmental, Power Company, and Clean Energy Trade Association Petitioners. 04/24/2020 Amicus Brief Download Brief filed by Service Employees International Union as amicus curiae in support of State and Municipal, Public Health and Environmental, Power Company, and Clean Energy Trade Association Petitioners. 04/24/2020 Amicus Brief Download Brief filed by five senators as amici curiae in support of State and Municipal, Public Health and Environmental, Power Company, and Clean Energy Trade Association Petitioners. 04/23/2020 Amicus Brief Download Brief filed by grid experts as amici curiae in support of State and Municipal, Public Health and Environmental, Power Company, and Clean Energy Trade Association Petitioners. 04/23/2020 Amicus Brief Download Brief filed by Institute for Policy Integrity at New York University School of Law as amicus curiae in support of State and Municipal, Public Health and Environmental, Power Company, and Clean Energy Trade Association Petitioners. 04/23/2020 Amicus Brief Download Brief filed by medical organizations as amici curiae in support of State and Municipal, Public Health and Environmental, Power Company, and Clean Energy Trade Association Petitioners. 04/22/2020 Amicus Brief Download Brief filed by administrative law professors as amici curiae in support of State and Municipal, Public Health and Environmental, Power Company, and Clean Energy Trade Association Petitioners. 04/22/2020 Amicus Brief Download Brief filed by amici curiae climate scientists in support of petitioners. 04/22/2020 Amicus Brief Download Amicus brief filed by Coalition to Protect America’s National Parks and National Parks Conservation Association in support of petitioners. 04/20/2020 Amicus Brief Download Brief filed by Thomas C. Jorling as amicus curiae in support of state and municipal, public health and environmental, power company, and clean energy trade association petitioners. 04/17/2020 Brief Download Initial brief filed by Biogenic CO2 Coalition. Petitioner Biogenic CO2 Coalition argued that the ACE Rule improperly prevented power plants from counting the co-firing of biomass as a compliance measure. 04/17/2020 Brief Download Opening brief filed by coal industry petitioners. Coal Industry Petitioners and another set of petitioners with members that included companies in the petroleum, trucking, forest products, and other industries, as well as individuals and nonprofit organizations, filed briefs arguing that EPA could not regulate carbon dioxide emissions from existing power plants under Section 111. 04/17/2020 Brief Download Initial opening brief filed by public health and environmental petitioners. 04/17/2020 Brief Download Brief filed by petitioners Robinson Enterprises, Inc. et al. 04/17/2020 Brief Download Opening brief filed by state and municipal petitioners. Petitioners in the lawsuits challenging the repeal of the Clean Power Plan and its replacement with the Affordable Clean Energy (ACE) Rule filed briefs in the D.C. Circuit. Arguments in the briefs filed by Public Health and Environmental Petitioners and State and Municipal Petitioners included that EPA had unreasonably determined that the “best system of emission reduction” for power plants could not include shifting generation to less-polluting plants; that the ACE Rule improperly repealed regulations for gas- and oil-fired plants without instituting new regulations; and that EPA unlawfully failed to establish a minimum degree of emission limitation to be incorporated in standards of performance. The initial briefs of Clean Energy Associations and Power Company Petitioners largely focused on arguments against EPA’s limitations on generation-shifting. 04/17/2020 Brief Download Opening brief filed by utility petitioners. 04/17/2020 Brief Download Opening brief filed by clean energy trade associations. 03/23/2020 Order Download Motion for extension and modification of briefing schedule granted. 03/19/2020 Motion Download Unopposed motion filed by coordinating petitioners for extension and modification of briefing schedule. 01/31/2020 Order Download Order issued setting briefing format and schedule. Briefing in Challenges to Regulations for Existing Power Plants to Be Complete by End of July. On February 3, 2020, the D.C. Circuit Court of Appeals set the briefing schedule for cases challenging EPA’s repeal of the Obama administration’s Clean Power Plan and the promulgation of the Affordable Clean Energy rule to regulate greenhouse gas emissions from existing coal-fired power plants. Petitioners’ opening briefs are due March 27, respondents’ brief is due May 26, briefs for respondent-intervenors are due June 25, and reply briefs are due July 9, with final briefs to be filed on July 30. 12/23/2019 Not Available Download Proposed briefing format and schedule filed by state and municipal, public health and environmental, power company, and clean energy trade association petitioners and Biogenic CO2 Coalition. 12/18/2019 Not Available Download Joint proposal on briefing schedule and format filed by EPA and other parties. 11/22/2019 Notice Download Notice of intention to participate filed by intervenor State of Nevada. Nevada filed a notice indicating it intended to join the briefs of the State and Municipal Petitioners. 11/22/2019 Order Download Motion to expedite denied and motions to hold in abeyance and sever and hold in abeyance denied. D.C. Circuit Declined to Expedite or Stay Challenges to ACE Rule. On November 22, 2019, the D.C. Circuit Court of Appeals denied a motion by the U.S. Environmental Protection Agency (EPA) to expedite pending challenges to the Affordable Clean Energy (ACE) rule, which repealed and replaced the Obama administration’s Clean Power Plan. The D.C. Circuit said the respondents had not “articulated ‘strongly compelling’ reasons that would justify expedition.” The court also denied motions by the Environmental and Public Health Petitioners and the State and Municipal Petitioners to hold the cases in abeyance pending the resolution of the petitioners’ requests for administrative reconsideration. (The Environmental and Public Health Petitioners also argued that the cases should be held in abeyance until EPA finalized its proposal to relax the application of New Source Review (NSR) requirements; the petitioners argued that EPA’s anticipated finalization of the NSR regulations would be “highly disruptive” to the litigation because it would alter essential aspects of the ACE rule, including costs, emissions consequences, and sources’ expected responses.) The D.C. Circuit also denied a motion by the Biogenic CO2 Coalition to sever its case—which solely raised the issue of EPA’s regulation of emissions from agricultural biomass feedstocks—and hold the case in abeyance pending EPA’s “forthcoming” administrative resolution of biogenic emissions issues. The court directed the parties to submit a proposed format for briefing within 30 days. 11/20/2019 Notice Download Notice filed by Environmental and Public Health Petitioners regarding motion for abeyance. 11/19/2019 Order Download Order issued granting Nevada's motion for voluntary dismissal. and dismissing motion to complete the record as moot. 11/18/2019 Order Download Motions to intervene granted. 10/30/2019 Notice Download Notice filed of pendency of bankruptcy for Murray Energy Corporation and of automatic stay of certain proceedings. 10/16/2019 Notice Download Notice filed by Public Health and Environmental Petitioners regarding their motion to complete the record. 10/11/2019 Reply Download Reply filed by Public Health and Environmental Petitioners in support of their motion for abeyance. 10/11/2019 Reply Download Reply filed by State and Municipal Petitioners in support of their motion for abeyance. 10/07/2019 Motion Download Motion filed by Public Health and Environmental Petitioners to complete the record for judicial review. 10/07/2019 Motion to Intervene Download Unopposed motion filed by Georgia Power Company to intervene in support of respondents. 10/07/2019 Motion to Intervene Download Motion for leave to intervene on behalf of respondents filed by Nevada Gold Mines and Newmont Nevada Energy Investment. 10/07/2019 Opposition Download Response filed by EPA in opposition to Biogenic CO2 Coalition's motion to sever and hold issues related to biogenic emissions in abeyance. 10/07/2019 Opposition Download Joint opposition of West Virginia and 20 other proposed intervenor-respondents opposing motion for abeyance. 10/07/2019 Statement of Issues Download Statement of issues filed by Public Health and Environmental Petitioners. 10/04/2019 Motion to Intervene Download Motion for leave to intervene in support of respondents filed by Basin Electric Power Cooperative. 10/04/2019 Motion to Intervene Download Unopposed motion for leave to intervene filed by State of Nevada. 10/04/2019 Opposition Download Response filed by EPA to motions to hold the case in abeyance. 10/04/2019 Opposition Download Opposition to motions for abeyance filed by Industry and Labor Respondent-Intervenors. 09/30/2019 Memorandum Download Memorandum filed by petitioners Robinson Enterprises, Inc. et al. in opposition to motions for abeyance. 09/30/2019 Opposition Download Opposition filed by petitioner Westmoreland Mining Holdings LLC's to motions for abeyance. 09/30/2019 Response Download Response filed by North American Coal Corporation to motions for abeyance. 09/25/2019 Motion Download Motion filed by State and Municipal Petitioners for abeyance pending action on petition for administrative reconsideration. 09/20/2019 Motion Download Motion filed by Environmental and Public Health Petitioners for abeyance pending final action on proposed revisions to the New Source Review program and final action on petitions for administrative reconsideration. Environmental and Public Health Petitioners and State and Municipal Petitioners filed their own motion requesting that the court hold the proceedings in abeyance pending EPA final action on petitions for reconsideration. 09/19/2019 Opposition Download Opposition filed by petitioners Robinson Enterprises, Inc. et al. to EPA's motion to expedite. 09/16/2019 Reply Download Reply filed by EPA in support of its motion to expedite. 09/12/2019 Motion to Intervene Download Motion filed by West Virginia and 20 other states, state officers, and state agencies to intervene as respondents. 09/11/2019 Order Download Motions for leave to intervene granted. 09/10/2019 Motion to Intervene Download Motion for leave to intervene in support of respondents filed by Indiana Energy Association and Indiana Utility Group. 09/10/2019 Opposition Download Opposition filed by Power Company Petitioners to EPA's motion to expedite. 09/09/2019 Opposition Download Opposition filed by State and Municipal Petitioners to EPA's motion to expedite. Parties Challenging Clean Power Plan Repeal Opposed Motions to Expedite. Petitioners challenging EPA’s repeal and replacement of the Clean Power Plan opposed EPA’s and aligned intervenors’ motions to expedite the case. The petitioners argued that the motions did not satisfy the standard described in the D.C. Circuit’s Handbook of Practice and Internal Procedures for expediting cases, which states that the court “grants expedited consideration very rarely” and that the reasons “must be strongly compelling.” The petitioners also argued that granting the motion would prejudice the petitioners’ interests. 09/09/2019 Opposition Download Opposition filed by Environmental and Public Health Petitioners to EPA's motion to expedite. 09/09/2019 Response Download Response filed by North American Coal Corporation to EPA's motion to expedite. 09/06/2019 Motion to Intervene Download Motion to intervene in support of respondents filed by North Dakota. 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 10/07/2019 Statement of Issues Download Statement of issues filed. 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 10/07/2019 Statement of Issues Statement of issues filed by petitioner Chesapeake Bay Foundation. 09/17/2019 Motion to Intervene Download Motion to intervene as intervenor-respondent filed by International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers, AFL-CIO. 09/17/2019 Motion to Intervene Download Motion to intervene as intervenor-respondent filed by International Brotherhood of Electrical Workers, AFL-CIO. 09/17/2019 Motion to Intervene Download Motion for leave to intervene as intervenor-respondent filed by United Mine Workers of America, AFL-CIO. 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. -
Advanced Energy Economy v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 09/06/2019 Petition for Review Download Petition for review filed. -
American Wind Energy Association v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 09/06/2019 Petition for Review Download Petition for review filed. -
Biogenic CO2 Coalition v. EPA
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City & County of Denver v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 09/04/2019 Petition for Review Download Petition for review filed. -
North American Coal Corporation v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 09/05/2019 Petition for Review Download Petition for review filed. -
Nevada v. EPA
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Westmoreland Mining Holdings LLC v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 09/05/2019 Petition for Review Download Petition for review filed. -
Robinson Enterprises, Inc. v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 10/07/2019 Motion to Intervene Download Motion filed by public health and environmental organizations for leave to intervene in support of respondent. Public health and environmental organizations and states sought to intervene on EPA's behalf in proceedings filed by petitioners that indicated they intend to challenge EPA's underlying authority to issue any emission guidelines for carbon dioxide emissions from existing power plants under Section 111(d) of the Clean Air Act or that such authority is severely limited. 10/07/2019 Motion to Intervene Download Motion filed by states for leave to intervene in support of respondents. 10/07/2019 Statement of Issues Download Statement of issues filed. 09/05/2019 Petition for Review Download Petition for review filed. -
Consolidated Edison, Inc. v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 09/06/2019 Petition for Review Download Petition for review filed.