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

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Petition for writ of mandamus denied in greenhouse emissions case

June 26, 2008

The D.C. Circuit denied the mandamus writ asking the court to order the EPA to issue an “endangerment finding” for greenhouse emissions. The court agreed with NCLC that the EPA cannot be compelled by a writ of mandamus to make an endangerment finding because such a requirement is not specified in any statute or Supreme Court decision.

Motion to intervene on behalf of EPA filed 11/24/03. Motion to intervene granted 12/23/03. Petitioners brief filed 6/22/04. Defendant’s brief filed 10/12/04. Joint intervenor-respondents’ brief filed 11/2/04. Oral argument held 4/8/05. Amicus brief filed 5/16/08. Decided 7/15/05. Cert. petition filed before Supreme Court 3/2/06. Cert. granted 6/26/06. Intervenors' brief 10/24/06. Oral argument held 11/29/06. Reversed and remanded 4/2/07. Response to petition for writ of mandamus filed 5/15/08. Writ of mandamus denied 6/26/08.

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