Description: Petition for review of EPA denial of rulemaking petition asking that EPA list coal mines as new stationary source category.
WildEarth Guardians v. EPA
Filing Date Type File Action Taken Summary 07/18/2014 Order Download Order issued denying petition for rehearing. The D.C. Circuit Court of Appeals denied WildEarth Guardians' petition for rehearing en banc. 06/27/2014 Petition for Rehearing Download Petition for rehearing filed. 05/13/2014 Order Download Petition denied. The D.C. Circuit Court of Appeals upheld the United States Environmental Protection Agency’s (EPA’s) denial of a request to add coal mines to the list of regulated stationary sources under the Clean Air Act. The D.C. Circuit said that EPA’s determination “easily passes muster” under the deferential standard applied to review of agency denials of rulemaking petitions. The court distinguished this case from Massachusetts v. EPA, 549 U.S. 497 (2007), where EPA had responded to a rulemaking petition seeking regulation of carbon dioxide under the Clean Air Act by disclaiming authority to regulate. 07/09/2013 Petition for Review Download Petition filed. WildEarth Guardians petitioned the D.C. Circuit for review of EPA’s determination to deny the petition asking that EPA list coal mines as a new stationary source category under Section 111 of the CAA. EPA had cited limited resources and ongoing budget uncertainties to justify its denial.