Center for Biological Diversity v. EPA

Center for Biological Diversity, Friends of the Earth, and EPA filed a joint stipulation of dismissal without prejudice of the environmental groups’ lawsuit that sought to compel EPA to respond to their petition seeking regulation of aircraft greenhouse gas emissions. The dismissal came after EPA issued a final endangerment finding in July 2016 for certain aircraft greenhouse gas emissions. EPA said in July that it anticipated proposing emissions standards that would be at least as stringent as standards that the International Civil Aviation Organization is expected to formally adopt in March 2017.

EPA asked the federal district court for the District of Columbia to dismiss an action in which environmental groups sought to compel EPA to regulate aircraft carbon dioxide emissions. EPA argued that its issuance in July of a final endangerment finding for such emissions made the entire action moot. After EPA issued the final determination, the court ordered the environmental groups to show cause why the action should not be dismissed. The environmental groups concurred that the portion of their lawsuit seeking a final endangerment finding was moot (and the court subsequently dismissed that count), but the groups argued that EPA’s ongoing failure to set emissions standards constituted unreasonable delay. In support of its motion to dismiss, EPA argued that the groups could not make an unreasonable delay claim because EPA had no obligation to take action at the time the groups filed the action; only EPA’s issuance of the final endangerment finding triggered any duty. Briefing on the motion to dismiss was scheduled to be completed on September 23.

The Center for Biological Diversity and Friends of the Earth filed a complaint in the federal district court for the District of Columbia to compel EPA to take action to address carbon dioxide emissions from aircraft engines. The plaintiffs alleged that EPA had unreasonably delayed both issuing an endangerment finding for emissions from aircraft and also promulgating emissions limitations. The plaintiffs said they had petitioned EPA to take these actions in 2007 and noted that the court had previously ruled in 2011 that EPA had a duty to issue an endangerment finding determining whether greenhouse gas emissions from aircraft engines cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. EPA published a proposed finding in July 2015.