Texas v. EPA
About this case
Filing year
2022
Status
Court issued order regarding format of oral argument.
Geography
Docket number
22-1031
Court/admin entity
United States → United States Federal Courts → D.C. Cir.
Case category
Federal Statutory Claims → Clean Air Act → Industry Lawsuits → Federal Vehicle Standards
Principal law
United States → Clean Air Act (CAA)
At issue
Challenges to EPA’s December 2021 promulgation of “Revised 2023 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions Standards.”
Topics
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Documents
Filing Date
Document
Type
Topics
Beta
08/29/2023
Court issued order regarding format of oral argument.
On September 14, 2023, the D.C. Circuit Court of Appeals will hear oral argument in challenges to EPA’s greenhouse gas emissions standards for light-duty vehicles for 2023 and later model years and the National Highway Traffic Safety Administration’s (NHTSA’s) fuel economy standards for model years 2024-2026. The oral argument regarding the EPA standards will focus on whether petitioners’ arguments are properly before the court, whether EPA’s rule is authorized under Section 202 of the Clean Air Act, and whether EPA’s rule is arbitrary and capricious. The oral argument regarding the fuel economy standards will focus on Energy Policy and Conservation Act preemption issues and arguments that NHTSA improperly considered factors such as the fuel economy of electric vehicles and plug-in hybrid vehicles. A portion of the argument will also address issues regarding NHTSA’s treatment of high-compression-ratio Atkinson-enabled engines.
Decision
08/22/2023
Notice filed by public interest organizations and states regarding supplemental authority (PEER v. EPA).
Notice
07/27/2023
Response filed by respondent-intervenors to petitioners' supplemental authority (Biden v. Nebraska0.
Response
07/18/2023
Response filed by respondents to petitioners' supplemental authority (Biden v. Nebraska).
Response
07/11/2023
Letter filed by private petitioners regarding supplemental authority (Biden v. Nebraska).
Letter
03/03/2023
Brief filed by Constitutional Accountability Center as amicus curiae in support of respondents.
Amicus Motion/Brief
03/03/2023
Brief filed by amicus curiae Consumer Reports in support of respondents.
Amicus Motion/Brief
03/03/2023
Brief filed by amicus curiae International Council on Clean Transportation in support of respondents.
Amicus Motion/Brief
03/03/2023
Brief filed by the Institute for Policy Integrity at New York University School of Law as amicus curiae in support of respondents.
Amicus Motion/Brief
03/03/2023
Brief filed by amici curiae Margo Oge and John Hannon (former EPA managers) in support of respondents.
Amicus Motion/Brief
03/03/2023
Brief filed by amici curiae American Thoracic Society et al. in support of respondents.
Amicus Motion/Brief
03/02/2023
Brief filed by amici curiae the National League of Cities and the U.S. Conference of Mayors in support of respondents.
Amicus Motion/Brief
03/02/2023
Brief filed by Senator Thomas R. Carper and Representative Frank Pallone, Jr. as amici curiae in support of respondents.
Amicus Motion/Brief
11/15/2022
Brief filed by amici curiae West Virginia and five other states in support of petitioners.
Amicus Motion/Brief
11/15/2022
Amicus brief in support of petitioners filed by Pacific Legal Foundation and National Federation of Independent Business.
Amicus Motion/Brief
11/14/2022
Brief filed by Buckeye Institute as amicus curiae in support of petitioners.
Amicus Motion/Brief
11/10/2022
Corrected brief filed by amici curiae California Business Roundtable and California Manufacturers & Technology Association in support of petitioners.
Amicus Motion/Brief
11/10/2022
Brief filed by ConservAmerica as amicus curiae in support of petitioners and remand to agency.
Amicus Motion/Brief
11/10/2022
Brief filed by amicus curiae The Sulphur Institute in support of petitioners State of Texas et al.
Amicus Motion/Brief
11/10/2022
Brief filed by amici curiae Texas Oil & Gas Association et al. in support of petitioners.
Amicus Motion/Brief
11/10/2022
Brief filed by amicus curiae The Two Hundred for Housing Equity.
Amicus Motion/Brief
11/10/2022
Brief filed by Truck Renting and Leasing Association as amicus curiae in support of petitioners.
Amicus Motion/Brief
11/10/2022
Brief filed by amici curiae Western States Petroleum Association et al. in support of petitioners.
Amicus Motion/Brief
03/30/2022
Motion for leave to intervene in support of respondent filed by Advanced Energy Economy, Calpine Corporation, National Grid USA, New York Power Authority, and Power Companies Climate Coalition.
Motion To Intervene
03/30/2022
Motion to intervene in support of respondents filed by Alliance for Automotive Innovation.
Motion To Intervene
03/30/2022
Motion to intervene as respondent filed by National Coalition for Advanced Transportation.
Motion To Intervene
03/08/2022
Motion to intervene in support of respondents filed by states.
Motion To Intervene
03/02/2022
Motion filed by public interest organizations to intervene in support of respondents.
On March 2, 2022, Conservation Law Foundation, Environmental Defense Fund, Environmental Law & Policy Center, Natural Resources Defense Council, Public Citizen, Sierra Club, and Union of Concerned Scientists moved to intervene in support of EPA.
Motion To Intervene
02/28/2022
Petition for review filed.
Seven petitions for review were filed in the D.C. Circuit Court of Appeals challenging EPA’s December 2021 promulgation of “Revised 2023 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions Standards.” One of the petitions was filed by 15 states, led by Texas.
Petition
Summary
Challenges to EPA’s December 2021 promulgation of “Revised 2023 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions Standards.”
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Group
Topics
Target
Policy instrument
Risk
Impacted group
Just transition
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector