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The Climate Litigation Database

North Dakota v. EPA

Geography
Year
2017
Document Type
Litigation
Part of

About this case

Filing year
2017
Status
Motion to dismiss as moot granted.
Docket number
17-1014
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)Clean Power Plan (US)
Principal law
United StatesClean Air Act (CAA)
At issue
Challenge to EPA's final Clean Power Plan rule.
Topics
, ,

Documents

Filing Date
Document
Type
Topics 
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07/23/2019
Motion filed by petitioners for dismissal of petitions for review as moot.
Motion To Dismiss
04/24/2017
Reply filed by North Dakota in support of motion to sever and consolidate.
Reply
04/17/2017
Opposition filed by state and municipal respondent-intervenors to North Dakota's motion to sever and consolidate.
Opposition
04/12/2017
Reply in support of EPA's motion to hold cases in abeyance.
Reply
01/27/2017
Motion filed for leave to intervene as respondents.
On January 27, 2017, a group of 17 states and seven municipalities moved to intervene as respondents.
Motion To Intervene
01/17/2017
Petition for review filed.
Twenty states and state agencies, as well as utilities, utility trade groups, the National Association of Home Builders, and the coal company Murray Energy Corporation, filed petitions for review in the D.C. Circuit of Appeals to challenge EPA’s denial of petitions for reconsideration of the Clean Power Plan regulations. Notice of EPA’s denial of the petitions was <a href="https://www.gpo.gov/fdsys/pkg/FR-2017-01-17/pdf/2017-00941.pdf">published</a> in the January 17, 2017 issue of the Federal Register. The petitioners said that they would show that the final regulations were in excess of EPA’s authority and were arbitrary, capricious, an abuse of discretion, and not in accordance with law. The petitions filed under docket numbers 17-1014, 17-1015, 17-1018, 17-1019, 17-1020, 17-1022, 17-1023, 17-1031, 17-1035, 17-1037, 17-1061, 17-1062, 17-1063, 17-1068, 17-1081, 17-1091, 17-1092 were consolidated in a single proceeding with the original challenges to the Clean Power Plan (Nos. 15-1363 et al.).
Petition

Summary

Challenge to EPA's final Clean Power Plan rule.

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Group
Topics
Target
Policy instrument
Risk
Impacted group
Just transition
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Finance