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U.S. Court of Appeals for the Fifth Circuit

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U.S. Chamber files coalition amicus brief

March 27, 2023

The coalition amicus brief urges the Fifth Circuit, sitting en banc, to enforce Article III standing requirements for citizen-suit plaintiffs’ standing under the Clean Air Act and to enforce statutory limits on factors courts may consider in assessing penalties.

Aaron M. Streett, Matthew Kuryla, Harrison Reback, and Elisabeth C. Butler of Baker Botts LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Fifth Circuit grants rehearing en banc in case where panel majority had relaxed the rules for assessing citizen-suit plaintiffs’ Article III standing to assert Clean Air Act claims

February 17, 2023

Click here to view the order.

U.S. Chamber files coalition amicus brief urging Fifth Circuit to grant rehearing en banc to repudiate panel majority’s relaxed rules for assessing citizen-suit plaintiffs’ Article III standing to assert Clean Air Act claims

October 20, 2022

The brief argues that the majority’s approach contradicts Supreme Court precedent and threatens to transform citizen suits from civil actions designed to resolve concrete controversies into regulatory vehicles for dictating environmental policy.

Aaron M. Streett, Matthew Kuryla, Harrison Reback, and Elisabeth C. Butler of Baker Botts L.L.P. and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Previously, the U.S. Chamber filed three amicus briefs in this case.

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