Date |
Case Info |
Action Item |
Subject/Issues |
States involved |
---|---|---|---|---|
10/25/2024 | Seven County Infrastructure Coalition, et al. v. Eagle County, Colorado, No. 23-975, United States Supreme Court | LAND USE | Multistate amicus brief supporting the assertion that the Court should not curtail the scope of federal agencies’ NEPA review, allowing disregard of environmental analyses that demonstrate foreseeable environmental effects which the federal agencies are not directly responsible for regulating. | CO, CT, DE, IL, ME, MA, MI, MN, NV, NJ, NY, OR, RI, VT, WA, DC |
12/20/2023 |
George Sheetz v. County of El Dorado, California, No. 22-1074, United States Supreme Court |
LAND USE |
The multi-state amicus brief supports respondent County of El Dorado, California and argues that the “essential nexus” and “rough proportionality” standard from constitutional takings cases Nolan and Dollan (commonly referred to as the unconstitutional-conditions doctrine) does not apply to impact fees charged to property developers based on a legislatively determined schedule or formula. |
CA, AZ, DE, HI, IL, ME, MD, MI, MN, NV, NJ, NY, OR, PA, RI, SD, VT, WA, DC |
11/09/2023 | WATER QUALITY | Amicus brief supporting affirmance of FERC’s order that Maine did not waive its authority to issue a 401 water quality certification. |
WA, CT, IL, MD, MA, NY, OR, PA, VT, DC |
|
08/09/2023 | New Jersey Conservation Foundation v. Federal Energy Regulatory Commission, No. 23-1064, United States Court of Appeals for the DC Circuit |
CLEAN ENERGY CLIMATE CHANGE |
Multistate amicus brief supporting challenge to FERC’s issuance of a certificate of public convenience and necessity for a 35- mile gas pipeline and gas-fired compressor station, which would transport gas primarily to New Jersey. |
NJ, WA, CT, MD, MA, NY, OR, VT |
12/14/2022 | Friends of the Earth v. Haaland, Nos. 22-5036 & 22-5037, United States Court of Appeals for the DC Circuit | CLIMATE CHANGE | Multistate amicus brief supporting NGO’s defense of decision below holding that the Interior Department failed to properly analyze the greenhouse gas impacts of offshore oil and gas leasing in the Gulf of Mexico. | WA, DE, IL, ME, MD, MA, MN, MY, RI, VT |
06/17/2022 | Sackett v. EPA, No. 21-454, United States Supreme Court | CLEAN WATER | Multistate amicus brief in support of EPA and the “significant nexus” test for waters of the United States under the Clean Water Act. | NY, CA, CT, DE, HI, IL, ME, MD, MA, MN, NJ, NM, NC, OR, VT, WA, WI, DC |
05/10/2022 | State of Louisiana v. Biden, No. 22-30087 United States Court of Appeals for the Fifth Circuit | CLIMATE CHANGE | Multistate amicus brief filed in support of the United States’ appeal of a decision of the United States District Court for the Western District of Louisiana which preliminarily enjoined the United States from relying on an Interagency Working Group’s interim estimates for the social cost of greenhouse gas emissions in making federal agency decisions. | NY, CO, DE, IL, MD, MI, NJ, OR, VT, WA, WN, MA |
12/16/2021 | Turlock Irrigation District v. FERC, Nos. 21-1120, 21-1121, United States Court of Appeals for the DC Circuit | CLEAN WATER | Multistate amicus brief supporting FERC orders that the California State Water Resources Control Board did not waive its authority to issue water quality certifications for two projects on the Tuolumne River. | WA, CO, CT, DC, IL, MA, ME, MD, MI, NJ, NM, NY, NC, OR, PA, VA, VT |
9/14/2021 | Mayor and City of Baltimore v. BP P.L.C., et al., No. 1644, United States Court of Appeals for the Fourth Circuit | CONSUMER PROTECTION
CLIMATE CHANGE |
Supplemental multi-state amicus brief supporting Baltimore’s position that its action against fossil fuel companies should be heard in state court and that federal jurisdiction supporting removal does not exist. | MD, CA, CT, DE, HI, ME, MN, NJ, NM, NY, OR, RI, VT, WA, MA, DC |
9/3/2021 | State of Rhode Island v. Shell Oil Products Company, LLC, et al., No. 19-1818, United States Court of Appeals for the First Circuit | CLIMATE CHANGE
STATE COURT |
The brief supports remand of Rhode Island state law claims against fossil fuel companies , contending that states’ have an interest in maintaining their state courts’ authority to adjudicate claims brought under state statutory and common law against entities causing harm to and within their jurisdictions, and that the state law claims do not raise substantial questions of federal law or otherwise provide a basis for removal to federal court. | MN, MA, CA, CT, DE, HI, ME, MD, NJ, NM, NY, OR, PA, VT, WA, WI, DC |
8/26/2021 | State of Minnesota v. American Petroleum Institute, et al., No. 21-1752, United States Court of Appeals for the Eighth Circuit | CLIMATE CHANGE
CONSUMER PROTECTION STATE COURT JURISDICTION |
The brief supports the position of the State of Minnesota that its state law consumer protection claims against fossil fuel companies related to climate change should be litigated in state court and do not raise substantial questions of federal law or otherwise provide a basis for removal to federal court. | WA, CA, CT, DE, D.C., HI, IL, ME, MD, MA, MI, NM, NY, OR, PA, VT, WI |
8/13/2021 | California State Water Resources Control Board v. FERC, No. 20-72432 (L), United States Court of Appeals for the Ninth Circuit | CLEAN WATER | Multistate amicus brief supporting California State Water Resources Control Board’s petition to vacate FERC orders that the Board waived its authority to issue 401 certifications for four hydroelectric projects. | WA, CT, MA, ME, MI, MN, NJ, NM, NC, OR, VT, VA, DC |
7/06/2021 | Juliana v. United States, Docket No. 6:15-cv-01517-AA United States District Court for the District of Oregon |
CLIMATE CHANGE | Brief describes the serious harms posed to state resources and residents by climate change, and rebuts assertions that states entered into collusive settlements with the federal government involving challenges to the Title X and Public Charge Rules. | NY, DE, HI, MN, OR, VT |
12/22/2020 | Northern Plains Resource Council v. United States Army Corps of Engineers, Docket No. 20-35412 United States Court of Appeals for the Ninth Circuit | ENDANGERED SPECIES ACT
CLIMATE CHANGE |
The amicus brief argues that consultation under the Endangered Species Act is required for reauthorization of Clean Water Act Nationwide Permit 12, which covers construction, maintenance, repair and removal of utility lines, including oil and gas pipelines such as the Keystone XL Pipeline, and cannot be deferred until site specific action is taken. | CA, CT, DE, MD, NJ, NM, NY, OR, RI, VT, WA, MA |
12/21/2020 | National Audubon Society, et al. v. Bernhardt, Docket No. 3:20-cv-00205-SLG United States District Court for the District of Alaska | CLIMATE CHANGE
WILDLIFE |
The amicus briefs, filed in three related cases, support the motions filed by environmental NGOs and native Alaskan communities requesting the court to temporarily restrain and/or preliminarily enjoin the federal government's plans to hold a lease sale and issue leases for oil and gas development on the Arctic National Wildlife Refuge's Coastal Plain, due to alleged violations of the National Environmental Policy Act, the National Wildlife Refuge System Administration Act and other applicable law. | WA, CA, CT, DE, IL, MI, MN, NJ, NM, NY, OR, RI, VT, MA |
12/21/2020 | GWICH'IN Steering Committee, et al. v. Bernhardt, Docket No. 3-20-cv-00204-SLG United States District Court for the District of Alaska | CLIMATE CHANGE
WILDLIFE |
The amicus briefs, filed in three related cases, support the motions filed by environmental NGOs and native Alaskan communities requesting the court to temporarily restrain and/or preliminarily enjoin the federal government's plans to hold a lease sale and issue leases for oil and gas development on the Arctic National Wildlife Refuge's Coastal Plain, due to alleged violations of the National Environmental Policy Act, the National Wildlife Refuge System Administration Act and other applicable law. | WA, CA, CT, DE, IL, MI, MN, NJ, NM, NY, OR, RI, VT, MA | Filed 12/21/2020 |
12/21/2020 | Native Village of Venetie Tribal Government, et al. v. Bernhardt, Docket No. 3:20-cv-00223-SLG United States District Court of the District of Alaska | CLIMATE CHANGE
WILDLIFE |
The amicus briefs, filed in three related cases, support the motions filed by environmental NGOs and native Alaskan communities requesting the court to temporarily restrain and/or preliminarily enjoin the federal government's plans to hold a lease sale and issue leases for oil and gas development on the Arctic National Wildlife Refuge's Coastal Plain, due to alleged violations of the National Environmental Policy Act, the National Wildlife Refuge System Administration Act and other applicable law. | WA, CA, CT, DE, IL, MI, MN, NJ, NM, NY, OR, RI, VT, MA | Filed 12/21/2020 |
12/7/2020 | Center for Food Safety v. Wheeler Docket No. 19-72109 US Court of Appeals for the 9th Circuit | PESTICIDES | The brief contends that the Ccurt should not remand EPA's registration decision allowing use of the pesticide sulfoxaflor to allow EPA to correct its admitted failure to comply with the Endangered Species Act without vacating the registration decision. | CA, HI, MD, MN, NJ, NY, NM, OR, VT, WA, MA | Filed 12/07/2020 |
10/2/2020 | NCDEQ v. FERC Docket No. 20-1655 US Court of Appeals for the 4th Circuit | CLEAN WATER
Multistate amicus brief |
Opposing FERC's determination that North Carolina waived its authority to issue a water quality certification to McMahan Hydroelectric under the Clean Water Act § 401. | VT, CA, CT, ME, MI, MN ,NJ, OR, VI, WA | Filed 10/02/2020 |
9/23/2020 | Standing Rock Sioux Tribe, et al. v. United States Army Corps of Engineers and Dakota Access, LLC Docket Nos. 20-5197 & 20-5201 US Court of Appeals for the District of Columbia Circuit | NATIONAL ENVIRONMENTAL POLICY ACT | The States' brief supporting district court's decision to vacate permit approval and halt operation of Dakota Access Pipeline based on violation of National Environmental Policy Act. | MA, CA, CN, DE, IL, ME, MD, MI, NV, NJ, NM, NY, OR, RI, VT, WN, D.C., Territory of Guam, and Harris County, TX | Filed 09/23/2020 |
9/3/2020 | Center for Food Safety, Center for Biological Diversity et al. v. US EPA and Andrew Wheeler US Court of Appeals, 9th Circuit | TOXINS, ENDANGERED SPECIES ACT, FIFRA
Joined the Amicus Brief in support of Petitioners against EPA's applications to register sulfoxaflor, which poses risks to pollinators due to its toxicity. |
States submit this brief to explain the harms to our States of the Environmental Protection Agency's improper sulfoxaflor registration process and failure to comply with the Endangered Species Act (ESA). | CA, HI, MD, MN, NJ, NY, NM, OR, VT, WA | Filed 09/03/2020 |
5/26/2020 | The United States of America v. The State of California et al US District court for the Eastern District of CA | CLIMATE ACTION, GREENHOUSE GAS EMISSIONS
Joined the Amicus Brief in support of CA's motion to dismiss the final claim in the federal government's lawsuit against CA's agreement with Quebec to coordinate their cap-and-trade programs. |
The States' brief explain that if the federal governments claims against CA were accepted, the federal affairs preemption doctrine would expand and threaten states' ability to address climate change and other international and interstate issues. | VT, CT, DE, IL, ME, MD, MA, MI, MN, NJ, OR, RI, WA | Filed 06/29/2020 |
2/18/2020 | The United States of America v. the State of California et al US District Court for the Eastern District of CA | CROSS-JURISDICTIONAL AGREEMENTS
Joined the Amicus Brief in support of California and to maintain cross-jurisdictional agreements with other states or countries to better manage regulatory programs. |
The States' brief offers the court a collective experience of entering into cross-jurisdictional agreements with other states and occasionally other nations without encroaching on Federal authority. | VT, OR, CT, DE, IL, ME, MD, MS, MN, NJ, NY, RI, WA, MA | Filed 02/18/20
Pending |
1/22/2020 | U.S. Forest Service, et al. v. Cowpasture River Preservation Association, et al. Docket No. 18-1584 and 181587 US Supreme Court | PROPOSED PIPELINE APPALCIAN NATIONAL SCENIC TRAIL
Vermont (lead Amici state) and the other Amici States have an interest in protecting our natural assets while fostering responsible development of energy infrastructure. Vermont benefits economically, environmentally, culturally and health wise from the Appalachian Trail being preserved through the National Park System. |
The State's brief argues that the Mineral Leasing Act's jurisdiction is limited and that the US Forest Service does not have the authority to grant a right-of-way for the proposed pipeline across the Appalachian Trail. | VT, CT, DE, HI, IL, MD, MA, MN, NJ, NM, NY, OR, RI, D.C. | Field 01/22/2020 |
12/6/2019 | League of United Latin American Citizens et al v. US EPA and Andrew Wheeler US Court of Appeals, 9th Circuit | TOXINS
Joined the Amicus Brief to support the petitioner for the EPA to determine that chlorpyrifos tolerance levels are safe. Chlorpyrifos is a widely used pesticide that has numerous short- and long-term health effects when exposed. |
The Final Order in the Federal Food, Drug, and Cosmetic Act (FFDCA) leaves chlorpyrifos tolerance in effect without finding them safe. The State's brief requests for the EPA to determine that chlorpyrifos is safe and for the Court to grant mandamus relief to compel the EPA to comply. | VT, NY, CA, WA, MD, HI, OR, MA, D.C. | Filed 12/06/19 |
10/23/2019 | Labor Council for Latin American Advancement, et al v. US EPA Appeal No. 19-1042(L), etc. US Court of Appeals for 2nd Circuit | TOXINS
Joined Amicus Brief in support of NGO petition opposing the EPA's refusal to ban the manufacture and distribution of paint removers containing methylene chloride for commercial use |
Methylene chloride is highly toxic. Deaths from short term exposure to methylene chloride fumes have been documented. Long term exposure may cause cancer, liver failure, kidney failure and other health effects. Affected workers are disproportionately foreign-born. | VT, NY, CT, MD, MA, MN, NJ, OR, WA | Filed 10/23/19
Pending |
10/22/2019 | Atlantic Richfield Company v. Gregory A. Christian, et al. Docket No. 17-1498 US Supreme Court | CERCLA
Joined the Amicus Brief to ensure that citizens are compensated for injuries caused by hazardous materials and to preserve the State's authority to remediate harm caused from environmental contamination. |
The State's brief argues that the federal law CERCLA does not preempt state laws aimed at remediating environmental harms. CERCLA preserves the State's role to address environmental contamination. | VT, MT, VA, CA, CT, DE, HI, ME, MD, MS, NJ, NY, OR, RI, WA, WI | US Supreme Court issued decision 4/20/2020. |
9/3/2019 | Mayor and City of Baltimore v. BP PLC et al Appeal No. 19-1644 US Court of Appeals for 4th Circuit | CLIMATE CHANGE
Joined multi-state Amicus Brief in support of the City of Baltimore States seeking to maintain state courts' authority to develop and enforce requirements of state statutory and common law - including monetary remedies - in cases brought against commercial entities causing harm to and within our jurisdictions. |
States' brief supports City and Mayor of Baltimore as they oppose efforts by the defendant company to remove climate change litigation to federal court | VT, MD, CA, CT, NJ, NY, OR, RI, WA | Filed 9/3/2019
Pending |
7/19/2019 | County of Maui, Hawaii v. Hawaii Wildlife Fund et al Docket No. 18-260 US Supreme Court Brief of the States ... as Amici Curiae Supporting Respondents |
CLEAN WATER
Joined multi-state Amicus Brief supporting respondents |
Appropriate application of the Clean Water Act's NPDES permit program and the Act's prohibition against unpermitted discharges to navigable waters. The State's brief argues that, where pollutants are traceable from a point source to navigable waters through groundwater or other conduits, the discharge falls within the scope of the Clean Water Act's NPDES program | VT, MD, CA, CT, IL, ME, MI, NJ, WA, MA, D.C. | On 4/23/2020, the US Supreme Court held a permit is required if "the addition of the pollutants through groundwater is the functional equivalent of a direct discharge from the point source into navigable waters." |
4/12/2019 | Portland Pipe Line Corporation v. City of South Portland, Maine Appeal No. 18-2118 US Court of Appeals for 1st Circuit |
PORTLAND PIPELINE
Joined multi-state Amicus Brief in support of the City of South Portland, Maine as it defends a city ordinance that prohibits bulk-oil loading activities in certain harbor districts. |
The City of South Portland, Maine's ordinance effectively prevents the Portland Pipeline from transporting tar sand oil from Canada - through Vermont, New Hampshire and Maine - to ships in the South Portland Harbor. The states' amicus brief argues that the city ordinance is not preempted by federal law and does not violate the dormant Commerce Clause | VT, MA, CA, CT, DE, ME, MD, MN, NY, OR, PA, RI, WA, and DC | Filed 4/12/2019 |
3/20/2019 | City of Oakland and City and County of San Francisco v. BP PLC, et al. Appeal No. 18-16663 US Court of Appeals for 9th Circuit Nos. 3:17-cv-06011-WHA and 3:17-cv-06012-WHA - ND CA, San Francisco |
CLIMATE CHANGE
Joined multi-state Amicus Brief supporting preservation of state's rights and concrete interest in the ability of state courts to adjudicate climate change-related claims |
State courts' authority to adopt and enforce requirements of state common law-including monetary remedies in cases involving fossil fuel producers and sellers. Here, the district court's Order Denying Motions to Remand may divest state courts of authority to adjudicate a broad class of state common-law actions-those related to climate change. | VT, CA, CT, MD, MN, NJ, NY, OR, RI, WA and DC | Pending |
3/18/2019 | Hoopa Valley Tribe v. Federal Energy Regulatory Commission, American Rivers, et. al, Intervenors for Respondent US Court of Appeals, DC Circuit Docket No. 14-1271 |
CLEAN WATER
Joined multi-state Amicus Brief supporting petition for rehearing of DC Circuit decision. |
Under the CWA, certain applicants for federal licenses must obtain a 401 Certification from the state ensuring the activity will comply with water quality standards. A state must act on the application within one year or it is deemed to have "waived" its 401 authority. The State's brief argues that a state does not waive its 401 authority when an applicant withdraws and then resubmits its application after the one-year timeframe. | WA, CA, HI, MA, MD, NM, NY, OR, RI, VT | D.C. Circuit denied rehearing. US Supreme Court denied cert. |
1/29/2019 | County of San Mateo v. Chevron Corporation, et al. US Court of Appeals, 9th Circuit Docket No. 18-15499 |
CLIMATE CHANGE
Joined multi-state Amicus Brief in Support of Plaintiff-Appellees in San Mateo Climate Change Case Remand Issue |
Amici States submit this brief in support of Plaintiffs to preserve the applicable law of removal jurisdiction and the states' broad authority and important role in addressing climate change. | VT, CA, NY, MD, NJ, OR, RI, WA, and DC | Pending |
11/19/2018 | CONSOLIDATED CASES: Hopi Tribe, et al. v. Donald J Trump 17-cv-02590 (TSC) Utah Diné Bikéyah, et al. v. Donald J. Trump 17-cv-02605 (TSC) Natural Resources Defense Council, Inc., et al. 17-cv-02606 (TSC) US District Court, Disctrict of Columbia |
ANTIQUITIES ACT
Joined multi-state Amicus Brief In Support of Plaintiffs' Opposition to Federal Defendants' Motion to Dismiss |
Amici States submit this brief as amici curiae in support of Plaintiffs to ensure the integrity of the Antiquities Act in protecting our nation's archeological, cultural, historic, and scientific resources. | VT, WA, CA, HI, MA, ME, MD, NM, NY, OR, RI | Pending |
11/15/2018 | City of New York v. Chevron Corporation, Conoco Philips, Exxon Mobil Corporation, Royal Dutch Shell PLC, BP PLC US Court of Appeals for the 2nd Circuit Docket No. 18-2188 |
CLIMATE CHANGE
Joined multi-state amicus brief in support of Appellant City of New York |
Amicus Brief arguing that City of New York's state common law claims regarding climate change are not preempted by federal law | VT, NY, CA, MD, NJ, OR, RI, WA, DC | Pending |
7/26/2018 | Honeywell v Mexichem Fluor, NRDC v. Mexichem Fluor US Supreme Court Dkt Nos. 17-1703 & 18-2 Brief of States as Amici Curiae in Support of Petitioners |
CLEAN AIR
A coalition of 18 Attorneys General filed an amicus brief challenging Appellate court ruling on HFC prohibition, asking the Supreme Court to overturn a divided U.S. District Court of Appeals for the D.C. Circuit in Mexichem Flour vs. EPA (2017). |
Review the DC Circuit Court of Appeals' decision in Mexichem Fluor, Inc. v. EPA. A 2-1 decision issued by the DC Circuit, vacating, in part, a 2015 EPA rule prohibiting the use of HFCs as a substitute for ozone depleting substances based on HFCs status as potent greenhouse gases. | VT, MA, CT, DE, HI, IL, IA, ME, MD, MN, NJ, NY, NC, OR, PA, VA, WA, DC | Pending |
7/24/2018 | State of Ohio et al. v US EPA et al US Dist Court, Southern Dist of OH Docket No. 2:15-cv-02467-EAS-KAJ Amicus Curiae Brief of the States - in Opposition to Plaintiffs' Motion for a Preliminary Injunction |
CLEAN WATER
Joined multi-state amicus brief opposing preliminary injunction of 2015 WOTUS Rule. |
In 2015 EPA promulgated a rule defining "waters of the United States" - these are the waters that receive protection under the federal Clean Water Act. The Rule is being challenged in several courts. In this case, the plaintiff states moved for a preliminary injunction against the WOTUS Rule. Our amicus brief opposed the preliminary injunction. | VT, NY, CA, MA, MD, NJ, OR, RI, WA, DC | Court denied preliminary injunction 3/26/19. Appeal of PI denial was dismissed as moot by the Sixth Circuit when EPA repealed the Rule. |
5/30/2018 | State of Georgia, et al. v. Pruitt, et al. US Dist Court, Southern Dist of GA, Brunswick Division Dkt No.2:15-cv-00079-LGW-RSB Amicus Curiae Brief by the States In Opposition to Plainfiffs' Motion for a Preliminary Injunction Filed 5/30/2018 |
CLEAN WATER
Joined multi-state amicus brief opposing preliminary injunction of 2015 WOTUS Rule. |
In 2015 EPA promulgated a rule defining "waters of the United States" - these are the waters that receive protection under the federal Clean Water Act. The Rule is being challenged in several courts. In this case, the plaintiff states moved for a preliminary injunction against the WOTUS Rule. Our amicus brief opposed the preliminary injunction. | VT, NY, CA, CT, MA, MD, NJ, OR, RI, WA, DC | OUTCOME Court granted preliminary injunction 6/8/18. |
2/15/2018 | Texas Alliance for Responsible Growth, Environment and Transportation v. US EPA, Pruitt, Army Corp of Engineers, James US Dist Court, Southern Dist. of TX, Galveston Division Docket No. 3:15-cv-162 | CLEAN WATER Joined multistate amicus brief opposing nationwide preliminary injunction against WOTUS Rule |
Several business interests are challenging the WOTUS Rule in federal district court in Texas. They've moved for a nationwide preliminary injunction to stop the WOTUS Rule from being implemented. VT joined a multistate amicus brief challenging the motion. | VT, NY, CA, CT, MA, MD, NJ, OR, RI, WA, and DC | Court granted preliminary injunction 9/12/2018. |
1/31/2018 | USA v. Harley-Davidson, Inc. et al US Dist Court DC Docket No. 1:16-cv-01687 (EGS) Brief of State and Local Government Amici in Opposition to United States' Motion to Enter Consent Decree |
CLEAN AIR Joined Amicus Brief opposing elimination of mitigation project included previously in the consent decree |
Brief submitted in opposition to US' Motion for Entry of Consent Decree. The proposed Consent Decree eliminates the $3 million mitigation project that was included in a proposed Consent Decree previously lodged with the Court, and does not add any alternative mitigation requirement to compensate for either its elimination or the one-sided benefit Harley-Davidson will receive from its elimination. | VT, IL, IA, ME, MD, MA, NY, OR, RI, WA, DC and the Puget Sound Clean Air Agency | |
12/12/2017 | USA v. Harley-Davidson, Inc. et al US Dist Court, Dist of GA Docket No. 1:16-cv-1687 (EGS) Notice of Intent to File Amicus Brief |
CLEAN AIR A coalition of state AGs say the proposed Consent Decree does not satisfy the applicable standard for entry of a consent decrees and does not serve the public interest. |
States provide notice of their intent to file an amicus brief in opposition to the United States' Motion for Entry of Consent Decree. The proposed Consent Decree does not satisfy the applicable standard for entry of a consent decree and is not in the public interest. | VT, IA, ME, MD, MA, NY, OR, RI, WA and the Puget Sound Clean Air Agency | |
9/27/2017 | Mexichem Fluor, Inc. et al. v. US EPA, and Intervenor Respondents US Court of Appeals, DC Circuit Docket No. 15-1328, 15-1329 |
CLEAN AIR Joined Motion for Invitation to file Brief of States as Amici Curiae in Support of Intervenor-Respondents' Petitioner's for Rehearing or Rehearing En Banc |
Motion for Invitation to File Brief of States as Amici Curiae in Support of Intervenor-Respondents' Petitions for Rehearing or Rehearing En Banc | VT, CA, CA Air Resources Board, CT, DE, IL, MD, NY, OR, WA, MN/MN Pollution Control Agency, PA | |
9/27/2017 | Mexichem Fluor, Inc. et al. v. US EPA, and Intervenor Respondents US Court of Appeals, DC Circuit Docket No. 15-1328, 15-1329 Brief of the States as Amici Curiae in Support of the Interventor-Respondents' Petitions for Reharing or Rehearing en Banc |
CLEAN AIR Joined Multi-State Amicus Brief |
To ensure that courts preserve established deference to reasonable agency interpretations, and that this Court permits the US EPA to effectuate its statutory mandate under Section 612 of the Clean Air Act (42 U.S.C. § 7671k) to replace ozone-depleting substances with less harmful alternatives. | CA, CA Air Resources Board, CT, DE, IL, MD, NY, OR, VT, WA, MN/MN Pollution Control Agency, PA | OUTCOME Granted in part and denied in part. "In sum, we grant the petitions and vacated the 2015 Rule to the extent it requires manufacturers to replace HFC's with a substitute substance. We remand to EPA for further proceedings consistent with this opinion. We reject all of Mexichem and Arkema's other challenges to the 2015 Rule." |