U.S. Court of Appeals for the Ninth Circuit

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Case Updates

Ninth Circuit holds that EPA letter—which reversed statutory interpretations and regulatory safe harbor announced by agency three months earlier—is not judicially reviewable final agency action

September 01, 2023

Click here to view the opinion.

U.S. Chamber files amicus brief

November 09, 2022

The brief urges the Ninth Circuit to hold that a letter issued by EPA—which reversed statutory interpretations and a regulatory safe harbor that EPA had announced three months earlier—is judicially reviewable final agency action and is inconsistent with Section 328 of the Clean Air Act.

Thomas A. Lorenzen, Elizabeth B. Dawson, and Siyi Shen of Crowell & Moring LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents