EPA case resources

Supporting and opposing briefs filed in four key cases are below. Downloads are 1 MB or smaller unless otherwise noted.

Petitions for Certiorari at the Supreme Court

Cert petitions have been filed challenge the D.C. Circuit’s unanimous decision in CRR v. EPA by:

• Coalition for Responsible Regulation [PDF] (learn more about this group)
• UARG [PDF], supported by an amicus brief from the Washington Legal Foundation [PDF] and a response from the National Mining Association [PDF] (see a list of UARG members from 2006 [PDF])
• U.S. Chamber of Commerce [PDF] supported by amicus briefs from Institute for Trade, Standards, and Sustainable Development [PDF], Judicial Education Project [PDF], Thomas Schelling, and other economists [PDF], and Peabody Energy [PDF]
• American Chemistry Council [PDF], joined by a host of trade groups
• Southeastern Law Foundation [PDF], supported by amicus briefs from Landmark Legal Foundation [PDF], Timothy Ball and other scientists [PDF]
• Pacific Law Foundation [PDF], supported by an amicus brief from the California Commercial Trucking Association [PDF]
• Virginia [PDF], joined in part by Utah and Kentucky
• Texas [PDF] and 13 other states, supported by an amicus brief  from Kansas, Montana, and West Virginia [PDF]

EPA’s finding that greenhouse gas pollution endangers public health

No. 09-1322 and consolidated cases

Briefs supporting

• EDF, 16 states and others [PDF]
  September 16, 2011
• Great Waters Coalition, Union of Concerned Scientists, and Client Earth [8MB PDF]
  August 30, 2011
• EPA [PDF]
  August 18, 2011

Briefs opposing

• Coalition for Responsible Regulation’s reply [PDF]
  October 17, 2011
• Texas’ and state petitioners’ reply [PDF]
  October 17, 2011
• Amicus brief rejected by the court [2MB PDF]
  June 8, 2011
• State of Kansas [PDF]
  June 7, 2011
• Atlantic Legal Foundation [PDF]
  May 27, 2011
• Coalition for Responsible Regulation [PDF]
  (industry coalition)
  May 20, 2011
• State of Texas and other petitioners [PDF]
  May 20, 2011
• States of Texas and Virginia [PDF]
  May 20, 2011

Clean car standards

No. 10-1092 and consolidated cases

Briefs supporting

• EDF, 13 states and others [PDF]
  September 30, 2011
• Vehicle manufacturers [PDF]
  September 30, 2011
• Honeywell [PDF]
  September 8, 2011
• Institute for Policy Integrity [PDF]
  September 8, 2011
• EPA [13MB PDF]
  September 1, 2011

Briefs opposing

• Coalition for Responsible Regulation’s reply [PDF]
  October 31, 2011
• State’s opposing EPA’s reply [PDF]
  October 31, 2011
• American Chemistry Council [PDF]
  June 10, 2011
• Coalition for Responsible Regulation [14MB PDF]
  June 3, 2011
• States opposing EPA [PDF]
  June 3, 2011

Requirements to deploy modern pollution controls for large emitters

No. 10-1167 and consolidated cases

Briefs supporting

• EDF, Natural Resources Defense Fund, Conservation Law Foundation, Sierra Club [PDF]
  July 7, 2011
• Center for Biological Diversity [PDF]
  July 7, 2011
• EPA [PDF]
  June 22, 2011

Briefs opposing

• American Chemistry Council's reply [PDF]
  July 21, 2011
• American Chemistry Council [2MB PDF]
  May 5, 2011

Excluding small emitters from GHG regulations

No. 10-1073 and consolidated cases

Briefs supporting

• EDF, 13 states, and others
  October 17, 2011
• EPA
  September 16, 2011

Briefs opposing

• State’s reply [PDF]
  November 16, 2011
• Coalition for Responsible Regulation’s reply [PDF]
  November 16, 2011
• Municipal Gas Commission of Missouri [PDF]
  June 27, 2011
• State of Kentucky and American Chemistry Council [PDF]
  June 27, 2011
• Coalition for Responsible Regulation [PDF]
  June 3, 2011
• States opposing EPA [PDF]
  June 3, 2011

Court decisions

• U.S. Court of Appeals for the District of Columbia Circuit, Panel Ruling [PDF]
  June 26, 2012
• U.S. Court of Appeals for the District of Columbia Circuit, Denial of Petitions for En Banc Rehearing [PDF]
  December 20, 2012