Description: Challenges to EPA’s December 2021 promulgation of “Revised 2023 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions Standards.”
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Texas v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 03/03/2023 Amicus Brief Download Brief filed by Constitutional Accountability Center as amicus curiae in support of respondents. 03/03/2023 Amicus Brief Download Brief filed by amicus curiae Consumer Reports in support of respondents. 03/03/2023 Amicus Brief Download Brief filed by amicus curiae International Council on Clean Transportation in support of respondents. 03/03/2023 Amicus Brief Download Brief filed by the Institute for Policy Integrity at New York University School of Law as amicus curiae in support of respondents. 03/03/2023 Amicus Brief Download Brief filed by amici curiae Margo Oge and John Hannon (former EPA managers) in support of respondents. 03/03/2023 Amicus Brief Download Brief filed by amici curiae American Thoracic Society et al. in support of respondents. 03/02/2023 Amicus Brief Download Brief filed by Senator Thomas R. Carper and Representative Frank Pallone, Jr. as amici curiae in support of respondents. 03/02/2023 Amicus Brief Download Brief filed by amici curiae the National League of Cities and the U.S. Conference of Mayors in support of respondents. 02/24/2023 Brief Download Answering brief filed by EPA. 11/15/2022 Amicus Brief Download Amicus brief in support of petitioners filed by Pacific Legal Foundation and National Federation of Independent Business. 11/15/2022 Amicus Brief Download Brief filed by amici curiae West Virginia and five other states in support of petitioners. 11/14/2022 Amicus Brief Download Brief filed by Buckeye Institute as amicus curiae in support of petitioners. 11/10/2022 Amicus Brief Download Corrected brief filed by amici curiae California Business Roundtable and California Manufacturers & Technology Association in support of petitioners. 11/10/2022 Amicus Brief Download Brief filed by ConservAmerica as amicus curiae in support of petitioners and remand to agency. 11/10/2022 Amicus Brief Download Brief filed by amicus curiae The Sulphur Institute in support of petitioners State of Texas et al. 11/10/2022 Amicus Brief Download Brief filed by amici curiae Texas Oil & Gas Association et al. in support of petitioners. 11/10/2022 Amicus Brief Download Brief filed by amicus curiae The Two Hundred for Housing Equity. 11/10/2022 Amicus Brief Download Brief filed by Truck Renting and Leasing Association as amicus curiae in support of petitioners. 11/10/2022 Amicus Brief Download Brief filed by amici curiae Western States Petroleum Association et al. in support of petitioners. 11/03/2022 Brief Download Brief filed by state petitioners. 11/03/2022 Brief Download Brief filed by private petitioners. 04/20/2022 Order Download Motions for leave to intervene granted. 03/30/2022 Motion to Intervene Download Motion for leave to intervene in support of respondent filed by Advanced Energy Economy, Calpine Corporation, National Grid USA, New York Power Authority, and Power Companies Climate Coalition. 03/30/2022 Motion to Intervene Download Motion to intervene in support of respondents filed by Alliance for Automotive Innovation. 03/30/2022 Motion to Intervene Download Motion to intervene as respondent filed by National Coalition for Advanced Transportation. 03/08/2022 Motion to Intervene Download Motion to intervene in support of respondents filed by states. 03/02/2022 Motion to Intervene Download Motion filed by public interest organizations to intervene in support of respondents. On March 2, 2022, Conservation Law Foundation, Environmental Defense Fund, Environmental Law & Policy Center, Natural Resources Defense Council, Public Citizen, Sierra Club, and Union of Concerned Scientists moved to intervene in support of EPA. 02/28/2022 Petition for Review Download Petition for review filed. Challenges Filed to EPA’s Greenhouse Gas Standards for Light-Duty Vehicles. Seven petitions for review were filed in the D.C. Circuit Court of Appeals challenging EPA’s December 2021 promulgation of “Revised 2023 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions Standards.” One of the petitions was filed by 15 states, led by Texas. -
Competitive Enterprise Institute v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 02/28/2022 Petition for Review Download Petition for review filed. Competitive Enterprise Institute, Domestic Energy Producers Alliance, and four individuals filed a petition for review challenging EPA’s December 2021 promulgation of “Revised 2023 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions Standards.” Their petition asserted that EPA lacked the authority to “establish stringent fleet-wide automobile emission standards with credit trading and enhanced credits for electric vehicles.” -
State Soybean Associations of the States of Illinois, Iowa, Indiana, Michigan, Minnesota, North Dakota, Ohio, and South Dakota v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 02/28/2022 Petition for Review Download Petition for review filed. Trade associations for soybean farmers, their supporters, and members of soybean industries, along with Diamond Alternative Energy, LLC, a subsidiary of Valero Energy Corporation, filed a petition for review challenging EPA’s December 2021 promulgation of “Revised 2023 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions Standards.” These petitioners contended that “the final rule exceeds EPA’s authority by favoring one technology, electric vehicles, over others, including the comparably-clean renewable fuels produced by Petitioners. Through the final rule, EPA seeks to unilaterally alter the transportation mix in the United States, without Congressional authorization and without adequately considering the vast greenhouse gas reduction benefits provided by renewable fuels.” -
American Fuel & Petrochemical Manufacturers v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 02/28/2022 Petition for Review Download Petition for review filed. -
Arizona v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 02/28/2022 Petition for Review Download Petition for review filed. -
Clean Fuels Development Coalition v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 02/28/2022 Petition for Review Download Petition for review filed. Petitioners representing the ethanol industry challenged EPA’s December 2021 promulgation of “Revised 2023 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions Standards.” Their petition asserted that the final rule “exceeds EPA’s authority, implicating serious separation of powers concerns by purporting to arrogate to EPA the authority to effectively mandate the production and sale of electric cars rather than cars powered by internal combustion engines,” and that the final rule conflicts with the Renewable Fuel Standard. -
Energy Marketers of America v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 02/28/2022 Petition for Review Download Petition for review filed. Energy Marketers of America, a federation of 47 state and regional trade associations representing energy marketers throughout the United States, filed a petition for review challenging EPA’s December 2021 promulgation of “Revised 2023 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions Standards.”