Description: Challenge to EPA's determination to retain the existing national ambient air quality standards for ozone.
New York v. EPA
Filing Date Type File Action Taken Summary 10/29/2021 Motion Download Motion to govern further proceedings filed by Texas and five other states. 02/22/2021 Amicus Brief Download Brief filed by Energy Policy Advocates as amicus curiae in support of respondent. Nonprofit Group Charged that Ozone NAAQS Challenge Was “Backdoor” Effort to Restrict Greenhouse Gas Emissions. The nonprofit Energy Policy Advocates filed an amicus brief in the D.C. Circuit Court of Appeals in support of EPA’s determination to retain the existing national ambient air quality standards (NAAQS) for ozone. Energy Policy Advocates stated in its brief that it had obtained public records that showed that the petitioners and EPA sought to set in motion a coordinated “backdoor” effort to vacate the Trump EPA’s determination and adopt a secondary ozone NAAQS “which transmogrifies the NAAQS program to regulate non-criteria pollutant CO2/GHGs, after activists were frustrated in their pursuits through proper channels.” Energy Policy Advocates also contended that the records it obtained showed an alternative motive for challenging the ozone NAAQS: “to assist private plaintiffs against private parties in climate ‘public nuisance’ litigation by obtaining a declaration, effectively, that the predominant ‘nuisance’ claims are not in fact displaced by EPA regulatory authority under American Electric Power v. Connecticut.”