Date |
Case Info |
Action Item |
Subject/Issues |
States Involved |
| 05/09/2025 | State of Washington v. Trump, No. 2:25-cv-00869, US District Court for the Western District of Washington |
EXECUTIVE ORDER CLEAN WATER ACT ENERGY |
Multistate challenge to President Trump’s “Declaring a National Energy Emergency” Executive Order and related implementation through Army Corps of Engineers’ Clean Water Act section 404 permits. | AZ, CA, CT, IL, ME, MD, MA, MI, MN, NJ, OR, RI, VT, WA, WI |
| 03/26/2025 | National Association of Chemical Distributors, d/b/a Alliance for Chemical Distribution et al., v. US Environmental Protection Agency, No. 25-1075; US Court of Appeals for the District of Columbia |
CAA CHEMICAL ACCIDENT SAFETY RULE
|
Joined motion to intervene in support of EPA's denial of industry petitioners challenge of the Risk Management Program under section 112(r) of the Clean Air Act. | NY, CA, CT, DE, HI, IL, ME, MD, MA, MN, NJ, OR, VT, WA, WI, DC, and Harris County, Texas |
| 01/15/2025 | American Free Enterprise Chamber of Commerce v. EPA, No. 25-106; US Court of Appeals for the Ninth Circuit |
CA ACCII MOTOR VEHICLE REGULATION |
Joined motion to intervene in support of EPA's action to waive CAA preemption for the addition of the ACCII regulation to CA's vehicle emission control program. 90 Fed. Reg. 642 (Jan. 6, 2025). | CA, CO, CN, DE, HI, IL, ME, MD, MA, MN, NJ, NY, OR, RI, VT, WA, DC, the Cities of Chicago, Los Angeles, New York |
| 09/16/2024 | West Virginia et al., v. US Environmental Protection Agency, No. 24-1009; US Court of Appeals for the District of Columbia | CAA | Joined motion to intervene to help defend EPA's Adoption and Submittal of State Plans for Designated Facilities: Implementing Regulations Under Clean Air Act Section 111(d),” published at 88 Fed. Reg. 80,480 (Nov. 17, 2023). | NY, CA CO, HI, IL, ME, MD, MA, MN, NJ, OR, RI, VT, WA, WI, DC, Clean Air Council, Clean Wisconsin, Dakota Resource Council, EDF, Ft. Berthold Protectors of Water and Earth Rights, GreenLatinos, Natural Resources Defense Council, and Sierra Club |
| 06/07/2024 | State of Oklahoma v. US Environmental Protection Agency, No. 24-1125; US Court of Appeals for the District of Columbia |
CAA CHEMICAL ACCIDENT SAFETY RULE |
Joined motion to intervene to help defend EPA’s Chemical Accident Safety rule protecting communities from chemical accidents. | NY, CT, DE, HI, IL, ME, MD, MA, MI, MN, NJ, OR, PA, RI, VT, WA, WI, DC, Harris County of Texas |
| 06/07/2024 | State of North Dakota v. US Environmental Protection Agency, No. 24-1119, US Court of Appeals for the District of Columbia |
CAA POWER PLANT |
Defense of EPA rule limiting mercury emissions from power plants. | MA, MN, CT, IL, ME, MD, MI, NJ, NY, OR, PA, RI, VT, WI, DC, cities of Baltimore, Chicago, NY |
| 05/16/2024 | State of West Virginia v. US Environmental Protection Agency, No. 24-1120, US Court of Appeals for the District of Columbia Circuit | AIR | Defense of EPA’s regulation of GHG emission from power plants. |
NY, AZ, CO, CT, DC, DE, IL, HI, MD, ME, MI, MA, MI, NM, NC, OR, PA, RI, WA, WI, cities of Boulder, Chicago, Denver, NY, California Air Resources Board |
| 04/22/2024 | Commonwealth of Kentucky v. US Environmental Protection Agency, No. 24-1087, US Court of Appeals for the District of Columbia Circuit | EMISSION STANDARDS | Defense of challenge to EPA’s light duty vehicle rules. | CA, AZ, CO, CT, DE, HI, IL, ME, MD, MI, MN, NM, NJ, NY, NC, OR, RI, WA, WI, MA, PA, DC, cities of Denver, Chicago, LA, NY |
| 04/03/2024 | State of Iowa v. Securities and Exchange Commission, No. 24-1522, US District Court of Appeals for the Eighth Circuit | ESG STANDARDS |
Defense of a rule challenge to the SEC’s environmental, social, and governance-related policy. |
WI, WA, RI, OR, NY, NM, NE, MN, MI, MD, IL, HI, DE, CT, CO, AZ |
| 03/18/2024 | State of Texas v. US Environmental Protection Agency, No. 24-1054, US District Court for the District of Columbia | AIR | Oil and Gas Methane Rule. The Final Rule limits air pollutants from new sources in the oil and gas industry and establishes the first federal emissions guidelines requiring states to limit methane greenhouse gas emissions from existing sources, under Section 111(b) of the Clean Air Act, 42 U.S.C. § 7411(b). | CA, CO, CT, DE, IL, ME, MD, MI, MN, NM, NY, NC, OR, WA, WI, MA, PA, DC, City of Chicago |
| 03/14/2024 | State of Kentucky v. US Environmental Protection Agency, No. 24-1050, US District Court for the District of Columbia | AIR | States led by KY and WV challenge EPA’s Final Rule on fine particulate matter (PM 2.5) under the National Ambient Air Quality Standards (NAAQS). The Final Rule limits PM 2.5 to 9 micrograms per cubic meter. There are two other challenges, one brought by Texas (No. 24-1051) and another by the U.S. Chamber and industry groups (No. 24-1052), that have been consolidated with Kentucky v. EPA (No. 1051) as lead docket. Coalition states will move to intervene to support the Final Rule. | CA, CT, DC, DE, IL, MA, MD, MI, MN, NY, OR, RI, WA, WI |
| 01/12/2024 | State of Louisiana v. US Environmental Protection Agency, No. 2:23-cv-01714, US District Court for the Western District of Louisiana | WATER QUALITY |
Joined motion to intervene to help defend EPA’s Clean Water Act Section 401 Water Quality Certification Improvement Rule, 88 Fed. Reg. 66,558 (Sept. 27, 2023). |
CA, CO, CT, IL, ME, MD, MA, MI, MN, NM, NY, NC, OR, PA, RI, VT, WA, DC, CA Water Resources Control Board |
| 09/21/2023 | New York v. Regan, No. 1:23-cv-02767, US District Court for the District of Columbia | CLEAN AIR ACT | A lawsuit urging the EPA to review and revise the NSPS for residential wood heaters. |
NY, AK, IL, MD, MA, MN, NJ, OR, WA
|
| 06/28/2023 |
AIR QUALITY CLIMATE CHANGE ENVIRONMENTAL JUSTICE |
Vermont, as part of a coalition of states, has moved to intervene in litigation to support the U.S. Environmental Protection Agency’s defense of its grant of Clean Air Act waivers of preemption to California for its Advanced Clean Trucks, Heavy-Duty Vehicle and Engine Emission Warranty and Maintenance, Zero Emission Airport Shuttle, and Zero-Emission Power Train Certification rules. 88 Fed. Reg. 20,688 (Apr. 6, 2023). | CA, CO, CT, DE, HI, IL, ME, MD, MN, NJ, NY, NC, OR, RI, VT, WA, MA, PA, DC, cities of NY, LA | |
| 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, WA |
| 8/1/2022 | NRDC v. NHTSA, No. 22-1080 (and consolidated cases), United States Court of Appeals for the District of Columbia Circuit |
FUEL ECONOMY |
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 NY, LA, SF |
| 5/19/2022 | State of Ohio, at al. v. United States Environmental Protection Agency, No. 22-1081 (and consolidated cases), United States Court of Appeals for the District of Columbia Circuit | 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, cities of LA, NY |
| 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, DC, City of NY, and Bay Area Air Quality Management District |
| 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, DC, City of NY |
| 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, DC, counties of Denver, San Francisco, cities of Denver LA, NY, SF |
| 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, DC, RI, cities of Boulder, Chicago, NY, Denver, Philadelphia, LA, So. Miami |
| 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, DC, City of NY |
| 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 |
| 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. David 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 |
| 01/04/2021 | State of California v. US Department of Energy, Docket No. 20-4285 | ENERGY POLICY | States’ petition for review of US DOE rule creating new product class for certain quick-cycle dishwashers, weakening efficiency standards. | CA, CT, IL, ME, MI, MN, NJ, NM, NY, NV, OR, VT, WA, MA, DC, the City of New York | Filed 01/04/2021 |
| 09/15/2020 | California v. Environmental Protection Agency, United States Court of Appeals for the District of Columbia, Docket No. 20-1367 |
CLEAN AIR ACT CLIMATE CHANGE |
Challenges to the Obama EPA’s: (1) “Oil and Natural Gas Sector: New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants Reviews,” 77 Fed. Reg. 49,490 (Aug. 16, 2012) (“2012 NSPS Rule”); (2) “Oil and Natural Gas Sector: Reconsideration of Certain Provisions of New Source Performance Standards,” 79 Fed. Reg. 79,018 (Dec. 31, 2014) (“2014 NSPS Rule”); and (3) Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources; Final Rule,” 81 Fed. Reg. 35,823 (June 3, 2016) (“2016 NSPS Rule”). | CA, CA Air Resources Board, CT, DE, IL, ME, MD, MA, MI, MN, NJ, NM, NY, NC, OR, PA, RI, VT, VA, WA, City of Chicago, DC, City and County of Denver | Filed 09/15/2020 |
| 09/09/2020 | State of Washington v. Bernhardt, US District Court for the District of Alaska, Docket No. 20-cv-00224 | NEPA | Vermont joined a coalition of states in challenging the Interior Department’s plan for oil and gas leasing in the Arctic National Wildlife Refuge and its compliance with NEPA regarding the plan. | WA, MA, CA, CT, DE, IL, ME, MD, MI, MN, NJ, NY, OR, RI, VT | Filed 09/09/20 |
| 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 State, Docket No. 20-1160 | 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, Docket No. 20-1145 | 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, Docket No. 20-cv-03714 | 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, Docket No. 20-cv-03005 | 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, Docket No. 20-71068 | 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, Docket No. 20-1068 | 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. |
| 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 |
| 11/15/2019 |
CLEAN AIR VEHICLE STANDARDS |
Petition for review of EPA’s “Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program.” |
CA, CA Air Resources Board, CO, CT, DE, HI, IL, MA, ME, MD, MI, MN, NV, NJ, NM, NY, NC, OR, PA, RI, VT, VA, WA, WI, DC, cities of Los Angeles and New York | Filed 11/15/19 | |
| 11/05/2019 | State of California et al v. US EPA, et al US District Court, Northern District of CA Docket No. 18-cv-03237 | 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 | 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. 4:19-cv-6013 | 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 |
| 09/20/2019 |
CLEAN AIR VEHICLE STANDARDS |
Challenge to NHTSA’s “preemption regulation,” “The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program,” RIN 2127-AM20 (Sept. 19, 2019). |
CA, CO, CT, DE, HI, IL, MA, ME, MD, MI, MN, NV, NJ, NM, NY, NC, OR, PA, RI, VT, VA, WA, WI, DC, cities of Los Angeles and New York |
Filed 9/20/2019 | |
| 08/13/2019 | State of NY et al v. EPA US Court of Appeals, DC Circuit, Docket No. 19-1165 | 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 |
| 11/19/2018 | Hopi Tribe v. Trump, US District Court for the District of Columbia, Docket No. 17-cv-02590 | ANTIQUITIES ACT | 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. | WA, CA, HI, ME, MD, NM, NY, OR, RI, VT, MA | Filed 11/19/18 |
| 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 Circ 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 Dist Court N 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 to 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 vacatur of EPA Administrator's 3/29/2017 order to leave existing tolerances in effect for chlorpyrifos. |
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. Upheld by Ninth Circuit 10/10/19. |
| 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. The case was withdrawn on 10/20/17. |
| 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 |