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

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August 20, 2019

A divided panel of the D.C. Circuit dismissed the petitions for review on the ground that there is no final agency action in the Wehrum memorandum on the “once in always in” policy for major sources under Section 112 of the Clean Air Act. The majority reasoned that the memorandum does not have direct and appreciable legal consequences. The U.S. Chamber filed a coalition amicus brief in support of EPA, urging the court to deny the petitions for review and arguing that the Wehrum memorandum was consistent with the Clean Air Act.

U.S. Chamber and industry groups file amicus brief urging D.C. Circuit to reject challenge to EPA guidance

January 14, 2019

Click here to view the amicus brief filed jointly by the American Chemistry Council, American Petroleum Institute, American Wood Council, the Chamber of Commerce of the United States of America, the Council of Industrial Boiler Owners, and the National Association of Manufacturers.

Case Documents