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The Climate Litigation Database

American Petroleum Institute v. EPA

About this case

Filing year
2012
Status
Petition for review voluntarily dismissed.
Docket number
12-1276
Court/admin entity
United StatesUnited States Federal CourtsUnited States Court of Appeals for the District of Columbia (D.C. Cir.)
Case category
Federal Statutory Claims (US)Clean Air Act (US)Industry Lawsuits (US)Tailoring Rule (US)
Principal law
United StatesClean Air Act (CAA)
At issue
Challenge to EPA rule that maintains existing greenhouse gas emissions permitting thresholds.
Topics
,

Documents

Filing Date
Document
Type
Topics 
Beta
02/18/2016
Petition for review voluntarily dismissed.
The American Petroleum Institute and other petitioners voluntarily dismissed a petition filed in 2012 to challenge Step 3 in EPA’s “tailoring rule,” which addressed thresholds for regulating greenhouse gas emissions from large stationary sources. The proceeding had been held in abeyance since 2013. The Supreme Court’s 2014 decision in Utility Air Regulatory Group v. EPA made the tailoring rule invalid.
Stipulation
05/10/2013
Motion granted to hold proceedings in abeyance.
The D.C. Circuit granted a motion requesting that this action be held in abeyance pending the U.S. Supreme Court’s disposition of Utility Air Regulatory Group v. EPA and related petitions.  The Utility Air Regulatory Group and numerous other parties filed petitions for writs of certiorari for review of the D.C. Circuit’s June 2012 decision in <a href="https://www.cadc.uscourts.gov/internet/opinions.nsf/52AC9DC9471D374685257A290052ACF6/$file/09-1322-1380690.pdf">Coalition for Responsible Regulation, Inc. v. EPA</a> that upheld EPA’s GHG permitting program for stationary sources and other EPA regulation of GHG emissions.
Decision

Summary

Challenge to EPA rule that maintains existing greenhouse gas emissions permitting thresholds.

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Group
Topics
Fossil fuel