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Texas v. EPA
Texas v. EPA ↗
22-1031D.C. Cir.33 entries
Filing Date
Type
Action Taken
Document
Summary
08/29/2023
Decision
Court issued order regarding format of oral argument.
On September 14, 2023, the D.C. Circuit Court of Appeals will hear oral argument in challenges to EPA’s greenhouse gas emissions standards for light-duty vehicles for 2023 and later model years and the National Highway Traffic Safety Administration’s (NHTSA’s) fuel economy standards for model years 2024-2026. The oral argument regarding the EPA standards will focus on whether petitioners’ arguments are properly before the court, whether EPA’s rule is authorized under Section 202 of the Clean Air Act, and whether EPA’s rule is arbitrary and capricious. The oral argument regarding the fuel economy standards will focus on Energy Policy and Conservation Act preemption issues and arguments that NHTSA improperly considered factors such as the fuel economy of electric vehicles and plug-in hybrid vehicles. A portion of the argument will also address issues regarding NHTSA’s treatment of high-compression-ratio Atkinson-enabled engines.
08/22/2023
Notice
Notice filed by public interest organizations and states regarding supplemental authority (PEER v. EPA).
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07/27/2023
Response
Response filed by respondent-intervenors to petitioners' supplemental authority (Biden v. Nebraska0.
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07/18/2023
Response
Response filed by respondents to petitioners' supplemental authority (Biden v. Nebraska).
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Competitive Enterprise Institute v. EPA ↗
22-1032D.C. Cir.1 entry
Filing Date
Type
Action Taken
Document
Summary
02/28/2022
Petition
Petition for review filed.
Competitive Enterprise Institute, Domestic Energy Producers Alliance, and four individuals filed a petition for review challenging EPA’s December 2021 promulgation of “Revised 2023 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions Standards.” Their petition asserted that EPA lacked the authority to “establish stringent fleet-wide automobile emission standards with credit trading and enhanced credits for electric vehicles.”
State Soybean Associations of the States of Illinois, Iowa, Indiana, Michigan, Minnesota, North Dakota, Ohio, and South Dakota v. EPA ↗
22-1033D.C. Cir.1 entry
Filing Date
Type
Action Taken
Document
Summary
02/28/2022
Petition
Petition for review filed.
Trade associations for soybean farmers, their supporters, and members of soybean industries, along with Diamond Alternative Energy, LLC, a subsidiary of Valero Energy Corporation, filed a petition for review challenging EPA’s December 2021 promulgation of “Revised 2023 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions Standards.” These petitioners contended that “the final rule exceeds EPA’s authority by favoring one technology, electric vehicles, over others, including the comparably-clean renewable fuels produced by Petitioners. Through the final rule, EPA seeks to unilaterally alter the transportation mix in the United States, without Congressional authorization and without adequately considering the vast greenhouse gas reduction benefits provided by renewable fuels.”
American Fuel & Petrochemical Manufacturers v. EPA ↗
22-1034D.C. Cir.1 entry
Filing Date
Type
Action Taken
Document
Summary
Arizona v. EPA ↗
22-1035D.C. Cir.2 entries
Clean Fuels Development Coalition v. EPA ↗
22-1036 D.C. Cir.1 entry
Filing Date
Type
Action Taken
Document
Summary
02/28/2022
Petition
Petition for review filed.
Petitioners representing the ethanol industry challenged EPA’s December 2021 promulgation of “Revised 2023 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions Standards.” Their petition asserted that the final rule “exceeds EPA’s authority, implicating serious separation of powers concerns by purporting to arrogate to EPA the authority to effectively mandate the production and sale of electric cars rather than cars powered by internal combustion engines,” and that the final rule conflicts with the Renewable Fuel Standard.
Energy Marketers of America v. EPA ↗
22-1038D.C. Cir.1 entry
Filing Date
Type
Action Taken
Document
Summary
02/28/2022
Petition
Petition for review filed.
Energy Marketers of America, a federation of 47 state and regional trade associations representing energy marketers throughout the United States, filed a petition for review challenging EPA’s December 2021 promulgation of “Revised 2023 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions Standards.”