American Forest & Paper Association, Chamber of Commerce, et al. v. EPA (Boiler MACT)

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

Tab Group

U.S. Chamber's Position

In American Forest and Paper Association, Chamber of Commerce, et al. v. EPA, 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 Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters," more commonly known as the "Boiler MACT" rule. The new regulations impose billions of dollars in new costs on American companies. The petition for review, filed 4/1/2013, is available here.

The U.S. Chamber also filed a petition for review in this case in 2011, as part of a broad coalition of 16 trade associations, challenging Boiler MACT rules that would require industrial, commercial, and institutional boilers and process heaters to use "maximum achievable control technology" to reduce emissions. The rules would affect a diverse range of business interests, and cost tens of billions of dollars to implement. The coalition warned that a stay is required to prevent businesses from making potentially unnecessary investments while the rules are being reconsidered. The petition for review, filed 4/29/2011, is available here.

Lastly, on 4/27/2011, the U.S. Chamber and coalition filed a letter asking the EPA to delay implementation of the rules, warning that a stay is required to prevent businesses from making potentially unnecessary investments while the rules are being reconsidered.

William L. Wehrum and Scott J. Stone of Hunton & Williams LLP served as co-counsel for the amici with the U.S. Chamber of Commerce.
 

Procedural History

Petitions for Review filed 4/29/2011 and 4/1/2013.  Review granted.

Argued 12/3/2015.

Decided 7/29/2016.

Judgment issued 12/23/2016.