Description: Challenge to EPA's endangerment finding for greenhouse gas emissions from commercial aircraft.
Biogenic CO2 Coalition v. EPA
Filing Date Type File Action Taken Summary 11/14/2016 Motion to Intervene Download Motion for leave to intervene in support of respondents filed by Environmental Defense Fund. 11/14/2016 Motion to Intervene Download Motion for leave to intervene filed by Center for Biological Diversity, Friends of the Earth, and Sierra Club. 11/14/2016 Order Download Order issued holding case in abeyance. D.C. Circuit Stayed Challenge to Aircraft Endangerment Finding to Permit Attempt at Administrative Resolution of Biogenic Issue. The D.C. Circuit Court of Appeals stayed a proceeding brought by Biogenic CO2 Coalition challenging the United States Environmental Protection Agency’s (EPA's) endangerment finding for greenhouse gas emissions from commercial aircraft. In a consent motion requesting that the case be held in abeyance, the Coalition said that a stay would allow it to attempt to administratively resolve discrete issues with EPA concerning regulation of biogenic emissions. The Biogenic CO2 Coalition represents a cross-section of agricultural stakeholder interests, including producers of biomass feedstocks. The Coalition objects to EPA’s failure to distinguish between biogenic and fossil fuel emissions, and has challenged the Clean Power Plan and the new source performance standards for greenhouse gas emissions on similar grounds. In those two proceedings, the D.C. Circuit has agreed to consider biogenic issues separately from other claims, and is also holding the biogenic claims in abeyance. 11/04/2016 Consent Motion Download Consent motion filed to hold case in abeyance. 10/14/2016 Petition for Review Download Petition for review filed. Challenge to Aircraft Greenhouse Gas Endangerment Finding Filed. The Biogenic CO2 Coalition filed a petition in the D.C. Circuit Court of Appeals seeking review of EPA’s endangerment finding for greenhouse gas emissions from aircraft. The coalition’s members for purposes of the petition include American Bakers Association, Corn Refiners Association, and National Cotton Council of America.