U.S. Court of Appeals for the D.C. Circuit

Case Status


Docket Number

LEAD CASES NOs: 09-1322 (Endangerment Rule); 10-1234 (Denial of Petitions to Reconsider Endangerment) (consolidated with 09-1322); 10-1073 (Timing); 10-1131(Tailoring) (consolidated with 10-1073);10-1092 (Auto Rule); 10-1167 (Grounds Arising After)


Case Updates

D.C. Circuit implements 2014 Supreme Court decision in greenhouse gas case

April 10, 2015

On 4/10/2015, the D.C. Circuit issued its order implementing the U.S. Supreme Court’s June 2014 decision that scaled back EPA’s authority to regulate greenhouse gas (GHG) emissions under the Clean Air Act’s Prevention of Significant Deterioration (PSD) and Title V permitting programs. The order vacates those parts of EPA’s regulations that would have swept roughly 6 million small sources of GHGs into the PSD and Title V programs. And it requires EPA to consider whether any other portion of its Title V or PSD regulations of GHGs are incompatible with the Supreme Court’s decision in June 2014.

Earlier, on 12/20/12, the U.S. Court of Appeals for the D.C. Circuit denied a motion for a rehearing en banc. Judge Brown filed a dissent from the denial of rehearing en banc (starts at page 9 of the Per Curiam Order); Judge Kavanaugh also filed a dissent from the denial of rehearing en banc (starts page 32 of the Per Curiam Order).

Previously, on June 26, 2012, the D.C. Circuit ruled that the Endangerment Finding was neither arbitrary nor capricious, and that EPA's interpretation of the relevant Clean Air Act provisions was correct.

Petition for review filed 2/12/10. Coordination motion filed 8/26/10. Motion for leave to file stay filed 10/29/10. Motion for stay denied 12/10/10. Motion for coordination granted 12/10/10. Briefing schedule issued 3/22/11. Co-petitioners joint opening brief filed 5/20/11. EPA reply brief filed 8/18/11. Motion for judicial notice of EPA Inspector General report filed 9/30/11. Three-judge panel decision issued 6/26/12. Petitions for rehearing en banc filed 8/10/12. EPA brief in opposition to rehearing en banc filed 10/12/12. Rehearing en banc denied 12/20/12. Amended judgement issued 4/10/15.

Case Documents