Description: Lawsuits challenging EPA actions concerning what pollutants are "subject to regulation" under the Clean Air Act's prevention of significant deterioration permitting program.
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Sierra Club v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 07/17/2014 Stipulation Download Joint stipulation of dismissal filed. 11/16/2010 Order Download Order issued consolidating Nos. 10-1115, 10-1215, and 10-1388 with these cases and holding cases in abeyance pending further order of the court. 09/14/2010 Motion Download Order issued directing that cases continue to be held in abeyance to allow other pending proceedings that may affect the outcome to proceed. 06/09/2010 Motion Download Motion to govern further proceedings filed by EPA. 03/09/2009 Order Download Motion to hold in abeyance granted. After EPA granted a petition for reconsideration of the December 2008 interpretive memorandum, the D.C. Circuit granted a motion to hold the proceedings in abeyance pending the outcome of the reconsideration process. 01/15/2009 Petition for Review Petition for review filed. Sierra Club and other environmental groups filed a lawsuit in the District of Columbia Circuit Court of Appeals challenging a memorandum issued by EPA Administrator Stephen Johnson in December 2008 interpreting regulations for the prevention of significant deterioration (PSD) permitting program. The memo interpreted the regulations as not requiring that power plants and other major industrial sources seeking PSD permits limit carbon dioxide emissions.
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Center for Biological Diversity v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 11/16/2010 Petition for Review Download Order issued severing and consolidating case. The D.C. Circuit directed that the claim involving timing issues in this challenge to EPA's final Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule be severed and consolidated with other pending cases challenging former EPA Administrator Stephen Johnson's December 2008 interpretive memo and EPA's reconsideration of the memo.08/30/2010 Statement of Issues Download Statement of issues filed. -
Sierra Club v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 08/02/2010 Petition for Review Download Petition for review filed. Sierra Club filed a lawsuit challenging the U.S. Environmental Protection Agency (EPA) final Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule to the extent it codified former EPA Administrator Johnson's interpretive memo governing when pollutants become “subject to regulation” under the Clean Air Act. Sierra Club noted that it had intervened to defend other aspects of the rule in industry lawsuits challenging the final rule. -
Center for Biological Diversity v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 05/28/2010 Petition for Review Download Petition for review filed. Center for Biological Diversity filed a petition for review challenging the U.S. Environmental Protection Agency's (EPA's) reconsideration of the interpretive memorandum issued by former EPA Administrator Stephen Johnson in December 2008. -
California v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 03/02/2009 Petition for Review Petition for review filed.