Description: Challenge to EPA's denial of petitions for reconsideration of EPA’s 2009 Endangerment and Cause or Contribute Findings for Greenhouse Gases under Section 202(a) of the Clean Air Act.
-
Concerned Household Electricity Consumers Council v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 12/11/2023 Order List Download Certiorari denied. Certiorari Denied in Unsuccessful Challenge to EPA’s Decision Not to Reconsider 2009 Endangerment Finding for Greenhouse Gas Emissions. The U.S. Supreme Court denied a petition for writ of certiorari seeking review of the D.C. Circuit’s dismissal of petitions for review that challenged the U.S. Environmental Protection Agency’s (EPA) denial in April 2022 of petitions requesting that the agency reconsider its 2009 finding under the Clean Air Act that the greenhouse gas emissions from motor vehicles contribute to climate change and thus endanger public health and welfare. The D.C. Circuit found that the petitioners lacked standing to challenge the denial of the petitions. 10/17/2023 Petition for Writ of Certiorari Download Petition for writ of certiorari filed. Supreme Court Review Sought on Standing Issue in Challenge to EPA’s Denial of Petition to Reconsider 2009 Greenhouse Gas Endangerment Finding. Two organizations that unsuccessfully challenged EPA’s denial of their petition to reconsider the 2009 endangerment finding for greenhouse gases from motor vehicles filed a petition for writ of certiorari in the U.S. Supreme Court. The question presented by their petition was whether a consumer group challenging a federal agency action can establish the “injury in fact” element of standing with “an evidentiary showing that the policies mandated by that agency action have resulted in large increases in consumer prices in the places where they have been implemented.” -
Concerned Household Electricity Consumers Council v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 07/20/2023 Order Download Petition for panel rehearing denied. D.C. Circuit Declined to Rehear Challenge to EPA Denial of Petition to Reconsider 2009 Endangerment Finding for Greenhouse Gases from Vehicles. The D.C. Circuit Court of Appeals denied petitions for panel rehearing and rehearing en banc of its May 2023 decision finding that Concerned Household Electricity Consumers Council and FAIR Energy Foundation did not have standing to challenge the denial of their petition requesting that the U.S. Environmental Protection Agency (EPA) reconsider the 2009 Clean Air Act endangerment finding for greenhouse gases from motor vehicles. 07/20/2023 Order Download Petition for rehearing en banc denied. 07/10/2023 Petition for Rehearing Download Petitioners filed combined petition for panel rehearing and rehearing en banc. 05/25/2023 Judgment Download Petitions for review dismissed for lack of jurisdiction. D.C. Circuit Found that Petitioners Lacked Standing to Challenge EPA’s Denial of Petition to Reconsider 2009 Endangerment Finding for Greenhouse Gases from Motor Vehicles. In an unpublished judgment, the D.C. Circuit Court of Appeals dismissed petitions for review that challenged the U.S. Environmental Protection Agency’s (EPA) denial in April 2022 of petitions requesting that the agency reconsider its 2009 finding that the greenhouse gas emissions from motor vehicles contribute to climate change and thus endanger public health and welfare. The D.C. Circuit found that that the petitioners—Concerned Household Electricity Consumers Council and the FAIR Energy Foundation—failed to establish standing because they did not provide evidence that they or any of their members had been injured by the 2009 endangerment finding. The court found that their theories of representational and organizational standing were “fatally flawed.” 01/17/2023 Brief Download Brief filed by public interest organizations as respondent-intervenors. 12/20/2022 Brief Download Brief filed by respondent. 10/24/2022 Brief Download Corrected brief filed by petitioners. 10/21/2022 Amicus Brief Download Brief filed by amici curiae Dr. William Happer, Dr. Richard S. Lindzen, and the CO2 Coalition in support of petitioners and reversal. 08/16/2022 Order Download Public interest organizations' motion to intervene granted. 07/27/2022 Motion to Intervene Download Motion filed by public interest organizations to intervene in support of respondents. 06/28/2022 Petition for Review Download Amended petition for review filed. Petitioners Challenged EPA Denial of Reconsideration of 2009 Greenhouse Gas Endangerment Finding. Two petitions were filed in the D.C. Circuit Court of Appeals seeking review of EPA’s denial of petitions for reconsideration of EPA’s 2009 Endangerment and Cause or Contribute Findings for Greenhouse Gases under Section 202(a) of the Clean Air Act (2009 Endangerment Finding). EPA denied four petitions regarding the 2009 Endangerment Finding in April 2022, after initially denying them on January 19, 2021 “with a very brief discussion” and subsequently withdrawing that denial. In the April 2022 denial, EPA explained its conclusion that the petitioners “have provided inadequate, erroneous, and deficient arguments and evidence for their assertions that the underlying science supporting the 2009 Endangerment Finding is flawed, misinterpreted, or inappropriately applied by EPA.” EPA also disagreed that reconsideration was warranted due to procedural deficiencies. The D.C. Circuit proceedings were brought by the submitters of two of the reconsideration petitions. -
FAIR Energy Foundation v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 06/29/2022 Petition for Review Download Amended petition for review filed.