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Natural Resources Defense Council v. Perry
Natural Resources Defense Council v. Perry ↗
3:17-cv-03404N.D. Cal.19 entries
Filing Date
Type
Action Taken
Document
Summary
03/30/2018
Decision
Air-Conditioning, Heating, and Refrigeration Institute motion for stay denied.
The district court denied the stay motions on March 13 (DOE) and March 30 (AHRI). DOE must submit the regulations for publication by April 10.
03/26/2018
Opposition
States filed opposition to Air-Conditioning, Heating, and Refrigeration Institute motion for stay.
The plaintiffs—environmental and consumer groups and states—argued that delaying the emissions reductions that would result from the implementation of the standards would harm the plaintiffs and the public.
03/26/2018
Opposition
Citizen plaintiffs filed opposition to Air-Conditioning, Heating, and Refrigeration Institute motion for stay.
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03/20/2018
Motion
Administrative motion for stay filed by Air-Conditioning, Heating, and Refrigeration Institute.
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California v. Perry ↗
4:17-cv-03406N.D. Cal.1 entry
Filing Date
Type
Action Taken
Document
Summary
06/13/2017
Complaint
Complaint filed.
Eleven states and New York City filed a complaint in the federal district court for the Northern District of California challenging the U.S. Department of Energy’s (DOE’s) failure to publish final energy efficiency standards for five categories of appliances and industrial equipment: portable air conditioners, uninterruptible power supplies, air compressors, walk-in coolers and freezers, and commercial packaged boilers. The states and New York City said that DOE’s failure to publish the final standards “directly harms Plaintiffs’ interests by adversely impacting the environment, consumers, economies, public health, natural resources, energy efficiency strategies, and climate change reduction goals of each Plaintiff.” They alleged that the standards could reduce annual greenhouse gas emissions by more than 26 million metric tons and save $24 billion over 30 years. The state-New York City plaintiffs contended that DOE had violated the Energy Policy and Conservation Act (EPCA) by failing to take required non-discretionary actions related to the standards and by failing to meet deadlines prescribed by EPCA. They also asserted that DOE had violated the Administrative Procedure Act (APA) and the Federal Register Act by failing to timely publish the standards.
Natural Resources Defense Council, Inc. v. Perry ↗
18-15380United States Ninth Circuit (9th Cir.)7 entries
Filing Date
Type
Action Taken
Document
Summary
10/10/2019
Decision
District court order directing publication affirmed and stay on order lifted.
The Ninth Circuit Court of Appeals agreed with a district court that a U.S. Department of Energy (DOE) regulation imposed a non-discretionary duty on DOE to publish four energy conservation standards approved by DOE at the end of the Obama administration. The Ninth Circuit therefore lifted its stay on the district court’s order directing DOE to publish the standards in the Federal Register. The standards at issue covered portable air conditioners, commercial packaged boilers, uninterruptible power supplies, and air compressors.
04/11/2018
Decision
Emergency motions for stay granted.
On April 11, 2018, the Ninth Circuit Court of Appeals granted emergency motions to stay a district court order requiring the U.S. Department of Energy (DOE) to publish final energy conservation rules for portable air conditioners, air compressors, commercial packaged boilers, and uninterruptible power supplies in the Federal Register. DOE and the Air-Conditioning, Heating, & Refrigeration Institute filed the appeals of the district court order, which held that DOE had a non-discretionary duty under the Energy Policy and Conservation Act to publish the standards, which DOE adopted in December 2016. The Ninth Circuit also sua sponte expedited the proceedings in the appeals.
04/06/2018
Reply
Reply submitted by defendants-appellants in support of motion for stay pending appeal.
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Natural Resources Defense Council, Inc. v. Perry ↗
18-15475United States Ninth Circuit (9th Cir.)4 entries
Filing Date
Type
Action Taken
Document
Summary
04/05/2018
Opposition
Opposition to defendant-intervenor's motion for stay pending appeal filed by states.
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04/05/2018
Opposition
Opposition to internvenor-defendant's emergency motion for stay pending appeal filed by non-profit groups.
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03/30/2018
Motion
Emergency motion for stay pending appeal filed by Air-Conditioning, Heating, and Refrigeration Institute.
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