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The Climate Litigation Database
Litigation

Liberty Packing Co. v. EPA

Date
2021
Geography
California
Part of
Liberty Packing Co. v. EPA

About this case

Filing year
2021
Status
Parties stipulated to dismissal of complaint with prejudice.
Geography
Docket number
2:21-cv-00724
Court/admin entity
United States → United States Federal Courts → E.D. Cal.
Case category
Federal Statutory Claims → Clean Air Act → Industry Lawsuits → Endangerment Findings
Principal law
United States → Administrative Procedure Act (APA)United States → Clean Air Act (CAA)
At issue
Lawsuit to compel EPA to respond to a petition requesting reconsideration of the 2009 endangerment finding for greenhouse gases.

Documents

Filing Date
Type
Action Taken
Document
Summary
06/30/2022
Stipulation
Parties stipulated to dismissal of complaint with prejudice.
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After EPA notified the plaintiffs of its denial of their administrative petition, the parties agreed that the claims in the case were moot and stipulated to dismissal of the complaint with prejudice.
08/26/2021
Reply
Reply filed by EPA in support of its motion to dismiss.
View
–
07/12/2021
Opposition
Opposition filed by plaintiffs to federal defendants' motion to dismiss.
View
–
06/28/2021
Motion To Dismiss
Memorandum of law filed by EPA in support of its motion to dismiss.
View
–
04/22/2021
Complaint
Complaint filed.
View
Four California businesses, a trade association, and an individual business owner filed a lawsuit in the federal district court for the Eastern District of California to compel EPA to respond to their 2017 Petition to Reconsider Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act, 74 Fed. Reg. 66,496 (Dec. 15,2 2009). EPA denied the petition on January 19, 2021, but on March 23, 2021, EPA withdrew the denial. EPA stated that the January denial did not provide an adequate justification for denial and that it intended to reassess the petition.

Summary

Lawsuit to compel EPA to respond to a petition requesting reconsideration of the 2009 endangerment finding for greenhouse gases.