| 1/20/2023 | California v. Environmental Protection Agency, No. 23-1020, United States Court of Appeals for the District of Columbia Circuit |
AIR QUALITY ENVIRONMENTAL JUSTICE |
Petition for review challenging EPA’s final rule setting aircraft particulate matter (PM) emission standards, 87 Fed. Reg. 72,312 (Nov. 23, 2022). | CA (lead), CT, IL, MD, MA, NJ, NY, OR, PA, VT, and WA | Filed 01/20/2023 |
| 8/1/2022 | NRDC v. NHTSA, No. 22-1080, United States Court of Appeals for the District of Columbia Circuit (and consolidated cases) | FUEL ECONOMY AIR CLIMATE CHANGE |
Intervention in litigation to support the National Highway Traffic Safety Administration’s defense of its final rule strengthening federal fuel economy standards for Model Year 2024-2026 cars and light trucks. | CA, CO, CT, DE, HI, IL, ME, MD, MI, MN, NV, NJ, NM, NY, NC, OR, WA, WI, MA, PA, DC, City and County of Denver, Cities of New York, Los Angeles and San Francisco | States’ motion to intervene granted 8/3/2022 |
| 5/19/2022 | State of Ohio, at al. v. United States Environmental Protection Agency, No. 22-1081, United States Court of Appeals for the District of Columbia Circuit (and consolidated cases) | AIR
CLIMATE CHANGE |
We have moved to intervene in support of EPA’s defense of challenges to EPA’s decision to restore California’s waiver for greenhouse gas emission and zero emission vehicle standards for light duty vehicles. | CA, CO, CT, DE, HI, IL, ME, MD, MN, NV, NJ, NM, NY, NC, OR, RI, VT, WA, MA, PA, MA and DC, the Cities of Los Angeles and NY | 5/19/2022 |
| 4/28/2022 | State of California v. United States Postal Service, No. 3:22-cv-02583 United States District Court for the Northern District of California | AIR
CLIMATE CHANGE |
Multistate challenge to United States Postal Service’s decision to replace 90% of its vehicle fleet with fossil-fuel powered, internal combustion engine vehicles when cleaner, alternatives, including electric vehicles are available, and to accompanying environmental impact statement. The complaint alleges a number of violations of the National Environmental Policy Act. | CA, NY, PA, CT, DE, IL, ME, MD, MI, NJ, NM, NC, OR, RI, VT, WA (and D.C., City of NY, and Bay Area Air Quality Management District) | 4/28/2022 |
| 3/28/2022 | American Gas Association v. U.S. Department of Energy, United States Court of Appeals for the DC Circuit, Docket No. 22-1030 | ENERGY EFFICIENCY | Multistate motion to intervene in litigation to help defend US Department of Energy (DOE) interpretive rule regarding efficiency standards for residential gas furnaces and commercial gas water heaters. | NY, IL, MA, ME, MD, MI, NV, NJ, NM, OR, VT, WA, D.C, City of New York | Motion filed 3/28/2022 |
| 03/08/2022 | State of Texas, et al. v. United States Environmental Protection Agency, United States District Court for the District of Columbia Circuit, No. 22-1031 (and consolidated cases) | CLIMATE CHANGE | Multistate motion to intervene in challenges to EPA’s federal greenhouse gas emission standards for passenger cars and light duty trucks for model years 2023-2026 (86 Fed. Reg. 74,434 (December 30, 2021)), including a challenge filed by 14 states led by Texas. The motion seeks leave to intervene in support of Respondent EPA’s defense of the standards. | CA, CO, CT, DE, HI, IL, ME, MD, MI, MN, NV, NJ, NM, NY, NC, OR, RI, VT, WA, WI, MA, PA, D.C., the Counties of Denver and San Francisco, the Cities of Denver and, Los Angeles, NY, and San Francisco | 03/08/2022 |
| 8/5/2021 | State of West Virginia, et al. v. Environmental Protection Agency, United States Supreme Court, No 20-1530 | CLIMATE CHANGE | The brief opposes petitions for writ of certiorari requesting the Supreme Court to review the D.C. Circuit’s invalidation of the ACE Rule, the Trump EPA’s regulation governing greenhouse gas emissions from existing power plants. | NY, CA, ME, CO, MD, CT, MA, DE, MI, HI, MN, IL, NV, NJ, VT, NM, VA, NC, WA, OR, WI, PA, D.C., RI, City of Boulder, City of Chicago, City of NY, City of Denver, City of Philadelphia, City of LA, City of So. Miami | 08/05/2021 |
| 07/15/2021 | In Re: Petition for Rulemaking Hydrofluorocarbons Under the American Innovation and Manufacturing Act of 2020 | CLIMATE CHANGE | Petitions EPA to use its rulemaking authority under the American Innovation and Manufacturing Act of 2020 to address Hydrofluorocarbons, which are potent greenhouse gases, by: (1) reinstating prohibitions that had existed under Clean Air Act Section 612’s SNAP program; (2) issuing additional federal standards modeled on standards proposed by California; and (3) reinstating requirements that had existed under the Clean Air Act Section 608’s Refrigerant Management Program. | CA Air Resources Board (CARB), CA, MA, CT, DE, D.C., IL, MD, MN, NJ, NC, OR, VT, WA, City of NY, CT Dept. of Energy and Environmental Protection, DE Dept. of Natural Resources and Environmental Control, MD Dept. of the Environment, MA Department of Environmental Protection, NY State Dept. of Environmental Conservation, OR Dept. of Env. Quality, VT Dept. of Environmental Conservation, and WA State Dept. of Ecology | 07/15/2021 |
| 03/16/2021 | State of New York v. U.S. Department of Energy United States Court of Appeals for the Second Circuit, Docket No. 21-602 | ENERGY EFFICIENCY | States’ petition for review of two US DOE rules rolling back efficiency standards for residential gas furnaces and commercial gas water heaters. | CA, IL, MA, ME, MN, NY, NV, NM, OR, VT, WA, D.C., City of New York | Filed 3/16/2021 |
| 03/15/2021 | In Re Petition for Reconsideration of “Pollutant-Specific Significant Contribution Finding for Greenhouse Gas Emissions from New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units, and Process for Determining Significance of Other New Source Performance Standards Source Categories,” 86 Fed. Reg. 2,542 (Jan. 13,2021) Docket ID No. EPA–HQ–OAR–2013–0495 | CLEAN AIR
CLIMATE CHANGE |
Petition requesting the Environmental Protection Agency to reconsider its final rule entitled Pollutant-Specific Significant Contribution Finding for Greenhouse Gas Emissions from New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units, and Process for Determining Significance of Other New Source Performance Standards Source Categories,” 86 Fed. Reg. 2,542 (Jan. 13, 2021), which limits the categories of sources for which EPA may set greenhouse gas emission standards under Section 111 of the Clean Air Act. | CA, CT, DE, IL, ME, MD, MI, MN, NV, NM, NY, NC, OR, RI, VT, WA, MA, PA, VA, D.C., Broward County, Cities of Boulder, LA, NY, So. Miami | 03/15/2021 |
| 03/01/2021 | In Re Petition for Reconsideration of Review of the National Ambient Air Quality Standards for Ozone, 85 Fed. Reg. 87,256 (Dec. 31, 2020), Environmental Protection Agency | CLEAN AIR | Petition requesting the Environmental Protection Agency to reconsider its final rule entitled Review of the Ozone National Ambient Air Quality Standards, 85 Fed. Reg. 87,256 (Dec. 31, 2020), which retains existing standards rather than strengthening them. | NY, CA, CT, IL, MD, MN, NJ, OR, RI, VT, WA, WI, MA, PA, VA, D.C., City of New York |
03/01/2021 |
| 2/17/2021 | State New York v. NHTSA, United States Court of Appeals for the Second Circuit, Docket No. 21-339 Pages 1-10 Pages 11-12 Pages 13-15 Pages 16-17 Pages 18-19 |
CLIMATE CHANGE | This challenges a NHTSA rule that rollbacks an increase in civil penalties for violation of Corporate Average Fuel Economy (CAFÉ) standards for automobiles to adjust for inflation, and therefore, is climate change related. | NY, CA, CT, DE, IL, ME, MD, MN, NJ, OR, RI, VT, WA, MA, PA | 02/17/2021 |
| 02/16/2021 | In Re Petition for Reconsideration of Review of the National Ambient Air Quality Standards for Particulate Matter, 85 Fed. Reg. 82,684 (Dec. 18, 2020), Environmental Protection Agency | CLEAN AIR | Petition requesting the Environmental Protection Agency to reconsider its final rule entitled Review of the National Ambient Air quality Standards for Particulate Matter,” 85 Fed. Reg. 82,684 (Dec. 18, 2020), which retains existing standards rather than strengthening them, based on new studies that became available after the public comment period on the proposed rule. | CA, CT, DE, IL, MD, MN, NJ, NY, OR, RI, VT, WA, WI, MA, PA, VA, City of New York | 02/16/2021 |
| 01/19/2021 | State of California v. United States Environmental Protection Agency, United States Court of Appeals for the District of Columbia Circuit, Docket No. 21-1035 | CLEAN AIR
CLIMATE CHANGE |
Petition for review of an EPA final rule providing that EPA will not issue standards for greenhouse gas emissions from a category of sources under Section 111 of the Clean Air Act unless the source category “contribute[s] significantly” to air pollution from greenhouse gas emissions, which the rule defines as greenhouse gas emissions from the source category exceeding 3 percent of total United States’ greenhouse gas emissions. 86 Fed. Reg. 2542 (January 13, 2021). According to the rule, power plants are the only stationary source category for which greenhouse gas emissions exceed 3% of total United States’ greenhouse gas emissions. | CA, CT, DL, IL, ME, MD, MA, MI, MN, NV, NM, NY, NC, OR, PA, RI, VT, VA, WA, WI, D.C., Broward County, City of Boulder, City of Chicago | 01/19/2021 |
| 01/19/2021 | State of California v. U.S. Department of Energy, United States Court of Appeals for the Second Circuit, Docket No. 21-108 | ENERGY EFFICIENCY | States’ petition for review of US DOE rule that exempts quick-cycle washers and dryers from efficiency standards. | CA, CT, IL, MA, ME, MI, MN, NJ, NM, NY, NV, OR, VT, WA, D.C., City of New York | Filed 01/19/2021 |
| 01/19/2021 | State of New York v. U.S. Department of Energy, United States Court of Appeals for the Second Circuit, Docket No. 21-107 | ENERGY EFFICIENCY | States’ petition for review of US DOE rule regarding the Test Procedure Interim Waiver Process for products covered by efficiency standards. | CA, CT, IL, MA, ME, MN, NV, NJ, NM, NY, OR, PA, VT, WA, D.C., City of New York | Filed 01/19/2021 |
| 01/19/2021 | State of New York v. United States Environmental Protection Agency, United States District Court for the Southern District of New York, No. 1:21-cv-00462 | SCIENCE USE | Suit to invalidate EPA final rule purporting to authorize EPA regulatory actions to? give less weight to scientific dose-response studies based solely on unavailability of underlying data, including confidential medical information, for review. | NY, CA, CT, DL, IL, ME, MD, MA, MI, MN, NJ, NM, NC, OR, PA, VT, WA, WI, King County Washington, City of Chicago, City of Los Angeles, City of New York | 01/19/2021 |
| 01/19/2021 | State of New York v. United States Environmental Protection Agency,? United States Court of Appeals for the District of Columbia Circuit, Docket No. 21-1028 | CLEAN AIR | Petition for review of EPA final rule maintaining National Ambient Air Quality Standards for ground level ozone at current levels despite evidence of human health impacts at ozone levels below the standards. | NY, CA, CT, D.C., IL, MD, MA, MN, NJ ,OR, PA, RI, VT, VA, WA, WI, City of New York | 01/19/2021 |
| 01/19/2021 | State of California v. Daivd Bernhardt, United States District Court for the Northern District of California, Docket No. 4:21-cv-00440 | ENDANGERED SPECIES ACT | Legal challenge to two rules under the Endangered Species Act. The first rule adds a restrictive definition of "habitat" for purposes of designating critical habitat under the Act. The second rule adds a process for delisting critical habitat that undermines designation of critical habitat contrary to the purpose of the Act. The lawsuit is to be filed in the Northern District of California with California taking the lead along with Massachusetts. | CA, MA, MD, CT, IL, MI, MN, NV, NJ, NM, NY, NC, OR, PA, RI, VT, WA, WI, City of New York | 01/19/2021 |
| 01/19/2021 | State of New York v. Environmental Protection Agency, United States Court of Appeals for the District of Columbia Circuit, Docket No. 21-1026 | CLEAN AIR
CLIMATE CHANGE |
Petition for Review of EPA final rule which prescribes requirements for EPA’s of consideration of costs and benefits in Clean Air Act rulemakings. | NY, CA, CT, IL, MD, MA, MN, NJ, NM, NC, OR, PA, RI, VT, VA, WA, WI, D.C., City of NY | 01/19/2021 |
| 01/15/2021 | California v. Environmental Protection Agency, United States Court of Appeals for the District of Columbia Circuit, Docket No. 21-1018 | CLEAN AIR ACT
CLIMATE CHANGE |
Petition for Review of EPA final rule which fails to set greenhouse gas emission standards for aircraft at levels more stringent than those already being achieved by industry. | CA, CT, IL, MD, MA, MN, NJ, NY, OR, PA, VT, WA, D.C. | 01/15/2021 |
| 01/13/2021 | California v. United States Environmental Protection Agency, United States Court of Appeals for the District of Columbia Circuit, Docket No. 21-1014 | CLEAN AIR ACT | Petition for review of EPA’s final rule which maintains National Ambient Air Quality Standards for particulate matter at current levels despite evidence of harm to human health at particulate matter levels below the standards. | CA, CT, DE, IL, MD, MA, MI, MN, NJ, NY, OR, PA, RI, VT, VA, WA, WI, City of NY | 01/13/2021 |
| 12/29/2020 | State of California v. U.S. Department of Energy, United States Court of Appeals for the Second Circuit; Docket No. 20-4285 | ENERGY EFFICIENCY | States’ petition for review of US DOE rule creating new product class for certain quick-cycle dishwashers, weakening efficiency standards. | CA, CT, IL, MA, ME, MI, MN, NJ, NM, NY, NV, OR, VT, WA, D.C., City of New York | Filed 12/29/2020 |
| 09/09/2020 | State of Washington et al v. United States Department of the Interior, Bureau of Land Management and David Bernhardt | NEPA
NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION ACT (REFUGE ADMINISTRATION ACT) ANILCA APA TAX CUTS AND JOB ACT OF 2017 |
States, including Vermont, filed a complaint for declaratory and injunctive relief against the Secretary of the Interior, the Department of Interior, and the BLM’s authorization of the Coastal Plain Oil and Gas Leasing Program, opening the unspoiled Coastal Plain of the Artic Refuge to expansive oil and gas exploration and development. | WA, MA, CA, CT, DE, IL, ME, MD, MI, MN, NJ, NY, OR, RI, VT | Filed 09/09/2020 |
| 08/28/2020 | State of Vermont et al v. Council on Environmental Quality and Mary B. Neumayr; Docket No. 3:20-cv-06057 | NEPA | States, including Vermont, seek judicial review under the APA, of CEQ’s final rule revising its longstanding regulations implementing the NEPA. | CA, WA, CO, CT, DE, IL, ME, MD, MN, NV, NJ, NM, NY, NC, OR, RI, VT, WI, MI, MA, PA, GUM, D.C., Harris County, TX, City of NY, CT DEEP, and NY State DEC | Filed 08/28/2020 |
| 08/18/2020 | State of New York v. Wheeler US Court of Appeals, 2nd Circuit | TOXINS | Challenging EPA’s analysis for health risks of methyl-chloride (a high-risk chemical used in solvents, paints, coatings, and stripping agents). | City of NY, MA, D.C., HI, IL, MA, MD, MN, NJ, NY, OR, RI, VT | Filed 08/18/2020 |
| 08/18/2020 | State of Maryland et al v. United States Department of Transportation et al US Court of Appeals for the District of Columbia Circuit | PIPELINE AND HAZORDOUS MATERIALS SAFETY | States, including Vermont, filed a petition to review the United States Department of Transportation, Pipeline and Hazardous Materials Safety Administration’s final agency action entitled “Hazardous Materials: Liquefied Natural Gas by Rail.” | MD, NY, CA, DE, D.C., IL, MA, MI, MN, NJ, OR, PA, RI, VT, WA | Filed 08/18/2020 |
| 08/10/2020 | States v. US DOE US District Court for the District of NY; Docket No. 1:20-cv-09362 | ENERGY EFFICIENCY | Challenge to US DOE’s failure to review and amend efficiency standards for 25 categories of products. | VT, CA, CO, CT, IL, ME, MD, MA, MI, MN, NJ, NY, NC, OR, WA, D.C., City of New York | Notice letter sent 08/10/2020 |
| 07/21/2020 | State of California v. Wheeler; US District Court, Northern District of CA; Docket No. 3:20-cv-4869 | CLEAN WATER
WOTUS |
Challenge to EPA’s July 13, 2020 “Clean Water Act Section 401 Certification Rule.” | VT, CA, CO, CT, IL, ME, MD, MA, MI, MN, NE, NJ, NM, NY, NC, OR, RI, VA, WA, WI, DC, CA State Water Resources Control Board | Filed 07/21/2020 |
| 06/29/2020 | In re Petition for Reconsideration of the Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks, 85 Fed. Reg. 24,174 (April 30, 2020) | CLEAN AIR ACT
ENERGY EFFICIENCY |
States and Cities, including Vermont, filed a Petition of Reconsideration of the Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule to EPA. | VT, CA, CO, IL, MA, ME, MD, MN, NJ, NY, NC, PA, RI, VA, WA, WI, D.C. | Filed 06/29/2020 |
| 06/22/2020 | Westmoreland Mining Holdings LLC v. United States Environmental Protection Agency United States Court of Appeals for the District of Columbia Circuit Motion to Intervene by States | CLEAN AIR ACT
MERCURY AND AIR TOXICS STANDARDS |
States, including Vermont, filed a motion to intervene to defend a challenge to EPA’s Mercury and Air Toxic Standards (MATS) by Westmoreland Holdings LLC. | CA, CT, DE, IL, ME, MD, MA, MI, MN, NJ, NY, NC, OR, PA, RI, VT | Filed 06/22/2020 |
| 05/29/2020 | Competitive Enterprise Institute et al v. National Highway Traffic Safety Administration State of California, et al., v. Wheeler United States Court of Appeals for the District of Columbia Circuit Motion to Intervene | CLEAN AIR ACT
CLEAN CAR STANDARDS CLIMATE ACTION GREENHOUSE GAS EMISSIONS |
Twenty-One states, including Vermont filed a Motion to Intervene in litigation that challenged the SAFE Vehicles Rule. | VT, CA, CO, CT, HI, IL ME, MD, MA, MI, NE, NJ, NY, NC, OR, PE, RI, VA, WA, D.C, WI | Filed 05/29/2020 |
| 05/27/2020 | State of California v. Wheeler in the United States Court of Appeals for the District of Columbia Circuit Petition for Review | CLEAN AIR ACT
CLEAN CAR STANDARDS CLIMATE ACTION GREENHOUSE GAS EMISSIONS |
Petition for review challenging the SAFE Vehicles rule, which mandates a 1.5 percent annual improvement in fuel efficiency, which is below previous standards and standards already met by car makers. | VT, CA, CO, CT, DE, HI, IL, ME, MD, MA, MI, MN, NE, NJ, NM, NY, NC, OR, PE, RI, VA, WA, D.C., WI | Filed 05/27/2020 |
| 05/13/2020 | State of New York et al v. U.S. Environmental Protection Agency | COVID-19 | Nine States Challenge the EPA’s “non-enforcement policy” that suspended enforcement action for many environmental laws during the COVID-19 pandemic. | VT, CA, IL, MD, MI, MN, NY, OR, VA | Filed 05/13/2020 |
| 05/01/2020 | California et al v. U.S. Environmental Protection Agency | CLEAN WATER
WOTUS |
Challenge to US EPA and Army Corps of Engineers regulation redefining waters of the United States. | VT, CA, CT, IL, ME, MD, MA, MI, NK, NM, NY, NC, OR, RI, VA, WA, D.C., WI | Filed 05/01/2020 |
| 04/14/2020 | California et al v. U.S. Department of Energy Petition for Review | ENERGY EFFICIENCY | States’ petition for review of the US DOE’s revisions to its energy efficiency Process Rule that creates impediments to the development of new energy efficiency standards. | VT, CA, CT, IL, ME, MS, MI, MN, NE, NJ, NY, OR, VT, WA, D.C. | Filed April 14, 2020 |
| 04/08/2020 | American Public Gas Association et al v. United States Department Of Energy | ENERGY EFFICIENCY | Helping defend efficiency standards for commercial packaged boilers. | VT, CA, IL, ME, MD, MA, MN, NE, NJ, NY, OR, D.C. | Filed 04/08/2020 Court granted motion to intervene 5/4/2020. |
| 02/26/2020 | Petition for Review of the Department of Energy’s final action on, “Energy Conservation Program: Energy Conservation Standards for General Service Incandescent Lamps.” | ENERGY EFFICIENCY | Petition for review of US DOE’s final determination to not update the energy efficiency standards for general service incandescent lamps (GSILS). | VT , CA, CT, IL, ME, MD, MA, MI, MN, NE, NJ, OR, VT, WA, D.C. | Filed 02/26/2020 |
| 02/18/2020 | In re Petition for Reconsideration of the Final Rule, “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act” | CLEAN AIR Clean Air Act: Chemical Disaster Rule |
Petition for reconsideration of aspects of the US EPA’s Final Rule of the “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act.” The Rollback Rule repeals the Chemical Disaster Rule which is designed to improve safety at hazardous chemical distribution facilities. | VT, NY, D.C., DE, IL, ME, MD, MA, MI, MN, NJ, NM, OR, PA, RI, WA, WI and the City of Philadelphia | Filed 02/18/20 |
| 01/29/2020 | State of New York et al v. US EPA and Andrew Wheeler US Court of Appeals D.C. Circuit | CLEAN AIR Clean Air Act |
Petition for review of US EPA’s Final Agency Action “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act.” | VT, NY, D.C., IL, ME, MD, MA, MI, MN, NJ, NM, OR, PA, RI, WI and the City of Philadelphia | Filed 01/21/20 |
| 12/20/2019 | State of New York v. Wheeler US District Court for the Southern District of NY Docket No. 1:19-cv-11673 | WOTUS | Challenge to EPA and Army Corps of Engineers “Definition of ‘Waters of the United States—Recodification of Pre-Existing Rules” rule. | CA, CT, IL, ME, MD, MA, MI, NJ, NY, OR, RI, VT, VA, WA, D.C., City of New York | Voluntarily dismissed 4/22/2020 after agencies promulgated another WOTUS rule |
| 11/26/2019 | In re Petition for Reconsideration of the Safer, Affordable Fuel-Efficient (SAFE) Vehicles Rule, Part One: One National Program | CLEAN AIR Vehicle Standards |
Petition for reconsideration of the US EPA SAFE Vehicles Rule’s Final Action. In the Final Action the EPA withdrew California’s 2013 waiver for GHG and ZEV standards. | VT, CA, CO, CT, DE, HI, IL, ME, MD, MN, NV, NJ, NM, NY, NC, OR, RI, WA, WI, MI, MA, VA, PA, D.C., and the Cities of NY, Sand Francisco, Los Angeles, San Jose | Filed 11/26/19 |
| 11/05/2019 | State of California et al v. US EPA, et al US District Court, Northern District of CA Docket No. 109 | CLEAN AIR Landfills |
Order denying EPA Rule 60(b) motion to alter judgement. The Court disagrees and denies motion. EPA filed motion to seek relief to extend the deadline for the proposal of the Federal Plan Requirements for Municipal Solid Waste Landfills. | VT, CA, IL, MD, NM, OR, PA, RI and the Environmental Defense Fund | Filed 11/05/19 |
| 11/04/2019 | State of New York et al v. US Department of Energy and James Perry US Court of Appeals, 2nd Circuit Docket No. | ENERGY EFFICIENCY General Service Lamps |
Petition for review of US Department of Energy’s Energy Conservation Program: Definition for General Service Lamps. | VT, NY, CA, CO, CT, IL, MD, ME, MI, MN, NJ, NV, OR, WA, MA, D.C. and the City of NY | Filed11/04/19 |
| 10/25/2019 | State of California et al v. US EPA US Court of Appeals, D.C. Circuit Docket No. 19-1227 | CLEAN AIR Landfills |
Petition for review of EPA rule intended to delay federal implementation plan to reduce methane emissions from existing landfills in states that failed to submit an approvable plan to EPA | VT, CA, IL, MD, NJ, NM, OR, PA, RI, Calif. Air Resources Bd. (CARB) | Filed 10/25/19 |
| 09/25/2019 | State of California et al v. Bernhardt, Ross, US Fish and Wildlife Service and National Marine Fisheries Service Dist. Court for the Northern District of CA Docket No | ENDANGERED SPECIES ACT | Lawsuit against Secretaries of the Interior and Commerce, acting through the US Fish and Wildlife Service and National Marine Fisheries Service re: promulgation of three final rules that rollback key requirements of the Endangered Species Act | VT, CA, MA, MD< CO, CT, IL, MI, NV, NJ, NM, NY, NC, OR, PA, RI, WA, D.C. and City of NY | Filed 9/25/19 |
| 09/06/2019 | In re Petition for Consideration of the Repeal of the Clean Power Plan Petition for Review Administrative | CLEAN POWER PLAN
CLEAN AIR |
Petition to EPA for reconsideration of repeal of Clean Power plan and proposed replacement Affordable Clean Energy (ACE) rule | VT, NY, CA, CO, CT, DE, HI, IL, ME, MD, MI, MN, NJ, NM, NC, OR, RI, WA, WI, MA, PA, VA, D.C., and the cities of Denver, Broward County (FL), Boulder, Chicago, LA, NY, Philadelphia, and South Miami (FL) | Filed 9/6/19 |
| 08/13/2019 | State of NY et al v. EPA US Court of Appeals, DC Circuit Petition for Review | CLEAN POWER PLAN
CLEAN AIR |
Petition for review of Affordable Clean Energy (ACE) rule, the EPA’s intended replacement rule for the Clean Power Plan | VT, NY, CA, CO, CT, DE, HI, IL, ME, MD, MI, MN, NJ, NM, NC, OR, PA, RI, VA, WA, WI, D.C., and cities of Boulder, Chicago, LA, NY, PA and South Miami (FL) | Filed 8/13/19 |
| 08/02/2019 | State of NY et al. v. NHTSA US Court of Appeals, 2nd Circuit Docket No. Petition for Review | CLEAN AIR
VEHICLE FUEL ECONOMY (CAFE) STANDARDS |
Petition for review of NHTSA rule on Corporate Average Fuel Economy (CAFE) standards | VT, CA, CT, DE, D.C., IL, MA, MD, NJ, OR, RI, WA | Filed 8/2/19 |
| 09/09/2018 | EPA Mercury Rule US Court of Appeals, 2nd Circuit Docket No. 18-2670 Petition for Review | Filed petition in 2nd Circuit challenging EPA mercury reporting rule under TSCA, joining NRDC appeal and possibly other states. | Challenge to EPA mercury reporting rule entitled "Mercury: Reporting Requirements for the TSCA Mercury Inventory" (published June 27, 2018); joining NRDC appeal and possibly other states | VT | Filed 9/9/2018 |
| 07/19/2018 | States v US EPA and Andrew Wheeler US Court of Appeals, DC Circuit Docket No. 18-1192 Petition for Review Filed: 7/19/2018 | CLEAN AIR Joined Multi-state litigation re: glider trucks |
A coalition of 16 Attorneys General filed a lawsuit against the EPA for the Agency’s suspension of its 2016 Glider Truck Rule. court and to holding the EPA accountable for its blatant violation of our laws.” | CA, DC, DE, IL, ME, MD, MA, MN, NJ, NY, NM, NC, OR, PA, RI, VT, WA, MD Dept. of the Environment, Pennsylvania Dept. of Environmental Protection, CA Air Resources Board, MN Pollution Control Agency | OUTCOME On July 26, 2018 EPA Acting Administrator Andrew Wheeler withdrew the rule at the heart of this suit, representing a win for the Attorneys General in this case |
| 06/26/2018 | States v US EPA and Scott Pruitt US Court of Appeals, DC Circuit Docket No. 18-1174 Petition for Review Filed: 6/26/2018 | CLEAN AIR Joined Multi-state litigation |
Petition for review challenging EPA's guidance entitled: Protection of Stratospheric Ozone: Notification of Guidance and a Stakeholder Meeting Concerning the Significant New Alternatives Policy (SNAP) program, 83 Fed. Reg. 18,431 (April 27, 2018). | CA, DC, DE, IL, MA, NJ, NY, OR, VT, WA, MN Pollution Control Agency, the PA Department of Environmental Protection | |
| 05/31/2018 | States v. US EPA and Scott Pruitt US District Court, Northern Dist CA Docket No. 4:18-cv-03237 States' Complaint for Declaratory and Injunctive Relief | CLEAN AIR Joined Multi-state litigation re: landfill emissions |
Petition under Clean Air Act to compel the EPA to fulfill its statutory duty to implement and enforce the Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills | CA, IL, MD, NM, OR, PA, RI, VT | |
| 05/01/2018 | States v US EPA & E. Scott Pruitt US Court of Appeals, DC Circuit Docket No. 18-1114 Petition for Review | CLEAN AIR Joined multistate action/petition re: vehicle emission rollbacks |
Lawsuit against the EPA for beginning the process of rolling back critical vehicle emissions standards that help to ensure clean air. | CA, CT, DE, DC, IL, IA, ME, MD, MA, NJ, NY, OR, PA, RI, VT, VA, WA, CA Air Resources Board, MN/Pollution Control Agency and Dept. of Transportation, PA Dept. of Env. Protection | |
| 04/05/2018 | States v E Scott Pruitt, US EPA US District Court DC Docket No. 1:18-cv-00773 Complaint Filed: 4/5/2018 | CLEAN AIR Joined multistate action/petition |
Suit vs. EPA for failing to control emissions of methane – an extremely potent greenhouse gas – from existing oil and gas operations. Specifically, the suit charges that the EPA has violated the federal Clean Air Act by 'unreasonably delaying' its mandatory obligation under the Act to control methane emissions from these operations. | NY, CA, CT, IL, IA, ME, MD, MA, NM, OR, PA, RI, VT, WA, DC, City of Chicago | |
| 02/07/2018 | States v. Pruitt, et al., US District Court Southern Dist of NY Docket No. 1:18-cv-1030 Complaint Filed: 2/7/2018 | CLEAN WATER
WOTUS |
EPA adopted a rule (“Suspension Rule”) to suspend the effective date of its 2015 “Waters of the United States” Rule for 2 years. This is one of many actions taken by EPA to prevent the 2015 WOTUS Rule from going into effect. Joined multistate litigation challenging the Suspension Rule. | VT, NY, CA, CT, MA, MD, NJ, OR, RI, WA, DC | OUTCOME Dismissed as moot 3/19/19, after other courts vacated the Suspension Rule |
| 12/26/2017 | States v. US EPA and E Scott Pruitt US Dist Court DC Circuit Docket No. 17-1273 Petition for Review Signed 12/22/2017 | CLEAN AIR Petition to review the final agency action of respondents entitled “Response to the December 9, 2013, Clean Air Act Section 176A Petition From Connecticut, Delaware, Maryland, Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island and Vermont,” 82 Fed. Reg. 51,238 |
Petitioners seek a determination that the final action is unlawful and therefore must be vacated. | NY, CT, DE, MD, MA, NY, PA, RI, VT | |
| 12/05/2017 | States v. Scott Pruitt and US EPA US District Court Northern Dist of CA Docket No.3:17-cv-06936 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (Clean Air Act, 42 U.S.C. ?? 7401 et seq.) | CLEAN AIR Multi-state litigation to compel EPA to fulfill its mandatory duty under the Clean Air Act to designate all areas of the country as in or out of compliance with health and welfare standards, referred to as the National Ambient Air Quality Standards (“NAAQS”), for ozone. |
NAAQS designations trigger the steps necessary to protect the public from the various health effects—such as heart disease, bronchitis, and asthma—this pollution causes or exacerbates. | CA, NY, CT, IL, IA, ME, MD, MA, OR, PA, RI, VT, WA, DC, MN by and thru its Minnesota Pollution Control Agency | |
| 09/20/2017 | States v DOT, Chao, Federal Highway Administration, Hendrickson US Dist Court, N Dist CA Docket No. 4:17-cv-05439 Complaint for Declaratory and Injunctive Relief | CLEAN AIR Multi-state litigation Complaint for Declaratory and Injunctive Relief |
The States challenge the Federal Highway Administration’s (“FHWA”) delays and subsequent suspension of the effective date of its Greenhouse Gas Performance Measure (“GHG Measure”) for the national highway system | CA, IA, MD, MA, MN (MN DOT), OR, VT, WA and CA Air Resource Board | |
| 09/08/2017 | State of NY v. Nat'l Highway Traffic Safety Admin., et al. US Court of Appeals 2nd Docket No. 17-2806 Petition for Review | CLEAN AIR Petition for Review of a Final Rule of the National Highway Traffic Safety Administration |
Petition to the Court to review and set aside a final action taken by Respondents to indefinitely delay the effective date of a final rule increasing the civil penalty rate for violations of the Corporate Average Fuel Economy standards. | CA, MD, NY, PA, VT | |
| 08/01/2017 | States v. US EPA and Scott Pruitt US Court of Appeals DC Docket No. 17-1185 Petition for Review | CLEAN AIR Multi-state litigation for review EPA extending the deadline for promulgating initial area designations for the 2015 ozone national ambient air quality standards |
Petition to the Court for Review of the final action of EPA | NY, CA, CT, DE, DC, IL, IA, MA, ME, MN, NM, OR, PA, RI, VT, WA |
| 07/24/2017 | States v. US EPA and Scott Pruitt US Court of Appeals DC Docket No. 17-1181 (consolidated with 17-1155) Petition for Review | CLEAN AIR Multi-state litigation to review final action of EPA’s delay of effective date for “Accidental Release Prevention Requirements: Risk Management Programs under the Clean Air Act; Further Delay of Effective Date," 82 Fed. Reg.27,133 (June 14, 2017) ("Delay Rule").” |
Petition to the Court for review of the final action of EPA | NY, IL, IA, MA, ME, MD, NM, OR, RI, VT, WA | OUTCOME Argued: 3/16/2018 Decided: 8/17/2018: Court granted the petitions for review and vacates the Delay Rule. |
| 07/06/2017 | Murray Energy Corp. v. EPA US Court of Appeals, DC Circuit Docket No. 15-1385 (and consolidated cases: 15-1395, 15-1490, 15-1491, 15-1494) Motion to Intervene of the States Filed 7/6/2017 | CLEAN AIR Joined Multi-State Motion ot Intervene in support of the EPA's defense of the rule |
Joined to defend the Ozone National Ambient Air Quality Standards (NAAQS) Challenge to EPA's final rule lowering the National Ambient Air Quality Standards (NAAQS) for ozone from 75 to 70 parts per billion (ppb) | CA, NY, RI, VT, WA, MA, DC, and DE Dept of Natural Resources & Environ. Control | |
| 07/05/2017 | League of United Latin American Citizens, et al. v. US EPA and Scott Pruitt US Court of Appeals, 9th Circuit Docket No. 17-71636 Motion for Leave to Intervene in Support of Petitioners by the States | PESTICIDES VT joined multi-state filing of legal objections requesting a response and vactur of EPA Administrator's 3/29/2017 order to leave existing tolerances in effect for chlopryrifos. |
EPA Administrator’s order reverses prior administration’s notice to revoke all chlorpyrifos food tolerances. | NY, WA, CA, MA, ME, MD, VT, DC | OUTCOME In a ruling dated 8/9/18, the Ninth Circuit held that there was no justification for the EPA’s decision in its 2017 order to maintain a tolerance for chlorpyrifos |
| 06/20/2017 | Clean Air Council, et al. v. Pruitt/EPA US Court of Appeals, DC Circuit Motion of the States for Leave to Intervene in Support of Petitioners Docket No. 17-1145 | CLEAN AIR Motion to Intervene in support of Petitioners |
EPA is seeking to halt the implementation of regulations that stop leaks of greenhouse gas and other harmful air pollutants from new oil and gas sources | MA, PA, CT, DE, IL, IA, MD, NM, NY, OR, RI, VT, WA, DC, City of Chicago | OUTCOME 7/3/17 Granted Petitioner’s Motion to Vacate the Stay |
| 06/13/2017 | States v US DOE, et al. US District Court, Northern Dist CA Docket No. 4:17-cv-03406 Complaint for Declaratory and Injunctive Relief Filed 6/13/2017 | ENERGY Joined multi-state litigation against US DOE. |
Citizen suit challenging DOE’s failure to publish final efficiency standards for five categories of products as final rules in the Federal Register as required by EPCA regulations and the APA. NOI for citizen suit was sent 4/3/17. | VT, CA, NY, WA, ME, CT, IL, OR, MD, MA, PA and City of New York. | OUTCOME Federal district court granted State’s Motion for Summary Judgment 2/15/18. |
| 04/17/2017 | NEMA v. US DOE US Court of Appeals, 4th Circuit Docket No. 17-1341 Motion of the States… For Leave to Intervene As Respondents Filed 4/17/2017 | ENERGY Joined multi-state motion to intervene in DOE case |
Intervened to defend energy efficiency rules DOE promulgated in 2017 broadening the definition of general service lamps. The National Electric Manufacturers Association (NEMA) challenged the regulations. | VT, CA MA, NY, OR, WA, DC NRDC and other envt’l non-profits also have filed a motion to intervene. | OUTCOME Case settled before the Court ruled on the MTI |
| 04/05/2017 | State of West Virginia et al. v. EPA US Court of Appeals DC (Dkt No. 15-1363) State and Municipal Respondent-Intervenors' Opposition to Motion to Hold Proceeding in Abeyance | CLEAN AIR Joined Multi-State Intervenors' Opposition to Motion to Hold Proceeding in Abeyance (Clean Power Plan; NSPS for Existing Power Plants) |
States led by West Virginia have filed a challenge to EPA's Clean Air Act ? 111(d) rule, which regulates greenhouse gas emissions from existing electric generating units. | VT, NY, CA, HI, IA, IL, MA, ME, NM, OR, RI, VA, DC, also CT, DE, MD, MN, NH, WA | |
| 03/31/2017 | States v. US DOE US Court of Appeals, 2nd Circuit Docket No. 17-918 Petition for Review | ENERGY Joined multi-state litigation challenging DOE rules. |
Petition for review challenges DOE rules delaying the effective date of efficiency standards for ceiling fans. | VT, NY, CA, CT, IL, ME, MA, OR, WA, PA Dept. of EP, New York City, NRDC and other non-profits also challenging the rules (cases consolidated). | OUTCOME On May 24, 2017, DOE announced that it would not delay the ceiling fans rule any longer. |
| 01/23/2017 | Truck Trailer Manufacturers Assn., Inc. v. EPA US Court of Appeals DC Docket No. 16-1430 (consolidated w/16-1447) Motion to Intervene Filed: 1/23/2017 | CLEAN AIR Joined Multi-State Motion to Intervene in EPA Suit to Keep Truck Emissions Rule in Place. |
Trade associations have challenged a rule that sets greenhouse gas emission and fuel economy standards for medium and heavy duty vehicles. | CA Air Resources Board, CT, IA, MA, OR, RI, VT, WA | |
| 01/19/2017 | State of Texas v. EPA US Court of Appeals DC Docket No. 16-1428 (and consolidated cases) Unopposed Motion of the States… For Leave to Intervene as Respondents in All Consolidated Cases Except Nos. 16-1443 and 16-1448 Filed: 1/19/2017 | CLEAN AIR Joined Multi-State Motion to Intervene in support of EPA's defense of the Cross State Air Pollution Rule Update for the 2008 Ozone NAAQS |
TX and other states have filed challenges to a rule that requires reductions in nitrogen oxides (NOx) emissions at power plants in 22 upwind states in order to address ground-level ozone pollution in downwind states, including Vermont. | MD, MA, NH, NY, RI, VT |