D.C. Circuit cases on state authority
D.C. Circuit Court Cases
UCS v. NHTSA, No. 19-1230, and consolidated cases
Filings on Feb. 1, 2021 Abeyance Motion
- Order Granting Abeyance
Feb. 8, 2021 - EPA and NHTSA’s Reply in Support of Abeyance
Feb. 5, 2021 - Ohio et al.'s Opposition to Abeyance
Feb. 3, 2021 - EPA and NHTSA’s Motion to Hold Case in Abeyance
Feb. 1, 2021
Merits Briefs
- Joint Appendix
Oct. 20, 2020 - NGOs’ and States’ Reply Brief
Oct. 13, 2020 - Industry Petitioners’ Reply Brief
Oct. 13, 2020 - Automakers’ and AFPM’s Respondent-Intervenor Brief
Sept. 22, 2020 - Ohio et al.’s Respondent-Intervenor Brief
Sept. 21, 2020 - Amicus Brief of U.S. Chamber of Commerce in Support of Respondents
Sept. 16, 2020 - Amicus Brief of Urban Air Initiative in Support of Respondents
Sept. 16, 2020 - EPA and NHTSA’s Brief
Sept. 9, 2020 - Amicus Brief of California Climate Scientists
July 6, 2020 - Amicus Brief of Lyft
July 6, 2020 - Amicus Brief of Former Secretaries of DOT and Former Administrators of EPA
July 6, 2020 - Amicus Brief of Institute for Policy Integrity
July 6, 2020 - Amicus Brief of National Association of Clean Air Agencies
July 6, 2020 - Amicus Brief of Thomas Jorling, Michael Walsh, Margo Oge
July 6, 2020 - Amicus Brief of Members of Congress
July 6, 2020 - Corrected Amicus Brief of National League of Cities et al.
July 28, 2020 - Amicus Brief of Professor Leah Litman
July 6, 2020 - Amicus Brief of Edison Electric Institute
July 6, 2020 - Amicus Brief of Health and Medical Organizations
July 2, 2020 - Amicus Brief of National Parks Organizations
July 1, 2020 - NGOs' and States' Brief
June 29, 2020 - NGOs’ and States’ Statutory Addendum and Standing Declarations
Nov. 24, 2020 - Industry Petitioners' Brief
June 26, 2020
Administrative Record Filings
- Order on Briefing Format and Administrative Record Motions
May 20, 2020 - Petitioners’ Reply in Support of Motion to Complete Administrative Record
March 16, 2020 - EPA and NHTSA’s Response to Motion to Complete Administrative Record
March 9, 2020 - Petitioners’ Joint Motion to Complete Administrative Record
Feb. 27, 2020 - EPA and NHTSA’s Corrected Certified Indexes to Administrative Record
Feb. 26, 2020 - EPA and NHTSA’s Certified Indexes to Administrative Record
Jan. 9, 2020
Filings on Abeyance and Expedition Motions
- Order Denying Motions to Expedite and to Hold in Abeyance
Feb. 4, 2020 - NGOs’ Reply in Support of Abeyance
Jan. 17, 2020 - States’ Reply in Support of Abeyance
Jan. 17, 2020 - Automakers’ Reply in Support of Expedition
Jan. 17, 2020 - EPA and NHTSA’s Reply in Support of Expedition
Jan. 17, 2020 - NGOs’ Opposition to Expedition
Jan. 10, 2020 - States’ Opposition to Expedition
Jan. 10, 2020 - Industry Petitioners’ Opposition to Expedition
Jan. 10, 2020 - Automakers’ Opposition to Abeyance
Jan. 10, 2020 - EPA and NHTSA’s Opposition to Abeyance
Jan. 10, 2020 - Industry Petitioners’ Joinder in Abeyance Motions
Jan. 3, 2020 - NGOs’ Motion to Hold Case in Abeyance
Dec. 26, 2019 - States’ Motion to Hold Case in Abeyance
Dec. 26, 2019 - Automakers’ Motion to Expedite
Dec. 24, 2019 - EPA and NHTSA’s Motion to Expedite
Dec. 18, 2019
Filings on Case Management
- Order Consolidating Cases
June 3, 2020 - NGO and Industry Petitioners’ Motion to Consolidate Cases
June 2, 2020 - NGOs’ Protective Petition for Review
May 28, 2020 - Industry Petitioners’ Protective Petition for Review
May 28, 2020 - Parties’ Notice of Consent to Amicus Filings
May 26, 2020 - Order on Briefing Format and Administrative Record Motions
May 20, 2020 - Automakers’ Opposition to Petitioners’ Second Supplemental Response on Briefing Format
May 11, 2020 - Ohio et al.’s Opposition to Petitioners’ Second Supplemental Response on Briefing Format
May 11, 2020 - EPA and NHTSA’s Opposition to Petitioners’ Second Supplemental Response on Briefing Format
May 11, 2020 - Petitioners’ Second Supplemental Response on Briefing Format
May 4, 2020 - Petitioners’ Supplemental Response on Briefing Format
Apr. 3, 2020 - Joint Briefing Proposal
March 6, 2020
Filings on Parties and Intervention
- Order Granting Automakers’ Motion to Withdraw
Feb. 22, 2021 - Automakers’ Motion to Withdraw
Feb. 2, 2021 - Automakers’ Updated Disclosure Statement
Dec. 4, 2020 - Automakers’ Updated Disclosure Statement
Nov. 25, 2020 - Order Granting Alaska’s Motion to Withdraw
Sept. 24, 2020 - Alaska’s Motion to Withdraw
Sept. 22, 2020 - Order Granting Ohio et al.’s and AFPM’s Intervention
Jan. 28, 2020 - Automakers’ Updated Disclosure Statement
Jan. 10, 2020 - AFPM’s Motion to Intervene
Dec. 13, 2019 - Ohio et al.’s Motion to Intervene as Respondents
Nov. 26, 2019 - Order Granting Automakers’ Intervention
Nov. 21, 2019 - CSAR’s Reply in Support of Intervention
Nov. 19, 2019 - NGOs’ Opposition to CSAR’s Intervention
Nov. 12, 2019 - Automakers’ Motion to Intervene
Oct. 31, 2019
Statements of Issues
- Power Companies’ Statement of Issues
Jan. 2, 2020 - NGOs’ Statement of Issues for EPA Action
Dec. 26, 2019 - NGOs’ Statement of Issues for NHTSA Action
Dec. 26, 2019 - States’ Statement of Issues
Dec. 26, 2019 - Air Districts’ Statement of Issues
Dec. 26, 2019 - Advanced Energy Economy’s Statement of Issues
Dec. 26, 2019 - NCAT’s Statement of Issues
Dec. 23, 2019
Petitions for Review
- Power Companies’ Petition for Review
Nov. 25, 2019 - Advanced Energy Economy’s Petition for Review
Nov. 25, 2019 - San Francisco’s Petition for Review
Nov. 25, 2019 - NGOs’ Petition for Review of EPA Action
Nov. 22, 2019 - States’ Petition for Review
Nov. 15, 2019 - NCAT’s Petition for Review
Nov. 15, 2019 - Air Districts’ Petition for Review
Nov. 15, 2019 - NGOs’ Protective Petition for Review of NHTSA Action
Oct. 28, 2019
D.C. District Court Cases
EDF v. Chao, No. 19-2907; California v. Chao, No. 19-2826;
SCAQMD v. Chao, No. 19-3436
Filings on Motion to Dismiss or Transfer
- Order Staying Case
Feb. 11, 2020 - Defendants’ Response to Notice of Developments in Related Litigation
Feb. 7, 2020 - States’ and NGOs’ Notice to Court of Developments in Related Litigation
Feb. 6, 2020 - Order for Hearing on Motion to Dismiss
Jan. 15, 2020 - Automakers’ Joinder in Motion to Dismiss
Dec. 6, 2019 - Defendants’ Reply in Support of Motion to Dismiss
Nov. 27, 2019 - NGO Plaintiffs’ Opposition to Motion to Dismiss
Nov. 14, 2019 - State Plaintiffs’ Opposition to Motion to Dismiss
Nov. 14, 2019 - Defendants’ Motion to Dismiss
Oct. 15, 2019
Filings on Parties and Intervention
- Order Granting Automakers’ Motion to Withdraw
Feb. 12, 2021 - Automakers’ Motion to Withdraw
Feb. 2, 2021 - Automakers’ Updated Disclosure Statement
Jan. 10, 2020 - Order Granting Power Companies’ and NCAT’s Intervention
Dec. 19, 2019 - Order Granting Automakers’ Intervention
Dec. 6, 2019 - Power Companies’ Motion to Intervene as Plaintiffs
Dec. 4, 2019 - Power Companies’ Proposed Complaint
Dec. 4, 2019 - Automakers’ Motion to Intervene in SCAQMD v. Chao
Nov. 29, 2019 - NCAT’s Motion to Intervene and Proposed Complaint
Nov. 15, 2019 - Automakers’ Motion to Intervene
Oct. 31, 2019
Complaints
- Air Districts’ Complaint
Nov. 14, 2019 - State Plaintiffs’ First Amended Complaint
Oct. 8, 2019 - NGO Plaintiffs’ Complaint
Sept. 27, 2019 - State Plaintiffs’ Complaint
Sept. 20, 2019
Denver County Colorado District Court
Freedom to Drive v. Colorado Air Quality Control Commission, No. 2019CV34156
Filings on Abeyance Motion
- FTD’s Status Report
Oct. 16, 2020 - FTD’s Status Report
July 17, 2020 - FTD’s Status Report
Apr. 16, 2020 - Order Granting Joint Motion for Abeyance
Jan. 16, 2020 - Corrected Joint Motion for Abeyance
Dec. 13, 2019 - NGOs’ Response in Support of Abeyance
Dec. 12, 2019 - State Defendants’ Motion to Hold Case in Abeyance or Dismiss
Nov. 22, 2019
Filings on Parties and Intervention
- Order Granting NGOs’ Intervention
Jan. 16, 2020 - NGOs’ Motion to Intervene
Dec. 12, 2019
Complaint
- FTD’s First Amended Complaint
Oct. 30, 2019 - FTD’s Complaint
Oct. 29, 2019