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The Climate Litigation Database
Collection

Clean Air Council v. Pruitt

Clean Air Council v. Pruitt 

17-1145D.C. Cir.24 entries
Filing Date
Type
Action Taken
Document
Summary
08/10/2017
Decision
Rehearing en banc denied.
The D.C. Circuit Court of Appeals denied petitions for rehearing en banc of its decision vacating the U.S. Environmental Protection Agency’s (EPA’s) administrative stay of methane standards for oil and gas sector. The petitions were filed by intervenor-respondents, not by EPA. The order denying rehearing indicated that Judges Henderson, Brown, and Kavanaugh would have granted the petitions.
08/02/2017
Response
Response filed in opposition to petition for rehearing en banc by petitioners and petitioner-intervenors.
08/02/2017
Response
Response filed by petitioners and petitioner-intervenors in opposition to petitions for rehearing en banc.
07/31/2017
Decision
Order issued directing Clerk to issue mandate forthwith.
On July 31, 2017, the D.C. Circuit Court of Appeals ordered immediate issuance of the mandate vacating the U.S. Environmental Protection Agency’s (EPA’s) administrative stay of portions of methane standards for oil and gas facilities. Earlier in July, the court held that the Clean Air Act did not authorize the stay and granted environmental groups’ emergency motion to vacate the stay. The July 31 order followed a July 13 order partially granting EPA’s motion to recall the mandate. The court issued the July 31 order on its own motion after receiving petitions for rehearing en banc from two sets of intervenors (11 states and oil and gas trade groups) but not from EPA itself. Two judges—Judge Brown and Judge Brett M. Kavanaugh—would not have issued the mandate. Briefing on the rehearing petitions was completed on August 3, 2017.