American Chemistry Council, Chamber of Commerce, et al. v. EPA (Boiler GACT)

U.S. Court of Appeals for the District of Columbia Circuit

Tab Group

U.S. Chamber's Position

On 4/2/2013, the U.S. Chamber and a broad coalition of associations petitioned the D.C. Circuit to review certain provisions of the EPA's new regulation, "National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters," more commonly known as the "Boiler GACT" rule. The new regulations impose billions of dollars in new costs on American companies.  The case originated as Council of Industrial Boiler Owners, U.S. Chamber of Commerce, et al. v. EPA.  

In addition, on 5/2/2013, the U.S. Chamber, as part of a broad coalition, filed a motion to intervene in Louisiana Environmental Action Network, U.S. Chamber of Commerce, et al. v. EPA, which also challenges the final GACT Rule promulgated by the EPA.  The coalition argued that this litigation threatens the legal interests of the Associations and their members by creating the prospect that the regulatory relief available to the Associations' members under the Final GACT Rule could be stripped away if Petitioners prevail in their challenge to this rule. 

On 5/9/2013, both cases were consolidated with American Chemistry Council, U.S. Chamber of Commerce, et al. v. EPA.

Procedural History

Petition for review filed 4/2/2013 in Council of Industrial Boiler Owners, U.S. Chamber of Commerce, et al. v. EPA.   Motion to Intervene filed 5/2/2013 in Louisiana Environmental Action Network, U.S. Chamber of Commerce, et al. v. EPA. Cases consolidated on 5/9/2013. 

Argued 12/3/2015.

Decided 7/29/2016.

Judgment issued 12/23/2016.