Kentucky v. EPA

The court granted private petitioners’ motion to hold the proceedings in abeyance, which the Zero Emission Transportation Association opposed.

The D.C. Circuit suspended briefing on its own motion.

On April 18, 2024, Kentucky and 24 other states filed a petition for review in the D.C. Circuit Court of Appeals challenging the U.S. Environmental Protection Agency’s (EPA’s) final rule establishing multi-pollutant emissions standards for light- and medium-duty vehicles for model years 2027 through 2032. The standards are for criteria pollutants and greenhouse gases. The petition asserted that the rule exceeded EPA’s statutory authority and was otherwise arbitrary, capricious, an abuse of discretion, and not in accordance with law. Texas filed a separate petition for review on April 29. Twenty-two states, the District of Columbia, and four cities filed a motion for leave to intervene in support of the respondents, as did 13 nonprofit organizations that have “consistently advocated for reducing emissions of greenhouse gases and criteria pollutants from the transportation sector.