State of New York v. EPA

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

Tab Group

Merits Stage

DC Circuit remands to the EPA for better explanation of why the agency denied New York’s petition, which sought additional controls on 350 sources across 9 states

July 14, 2020

Click here to view the opinion.

U.S. Chamber and business groups file intervenor brief

March 5, 2020

Click here to view the brief.

U.S. Chamber and business groups intervene in defense of EPA’s denial of NY’s petition to place additional controls on hundreds of sources based on NY’s unfounded attempt to stretch the “good neighbor” provisions of the Clean Air Act

November 25, 2019

Click here to view the motion. Samina M. Bharmal of Sidley Austin LLP served as counsel.

Case Documents

Petition for Review -- State of New York v. EPA (D.C. Circuit).pdf

Motion to Intervene on Behalf of Respondents -- State of New York v. EPA (D.C. Circuit).pdf

Joint Appellant Brief -- State of New York v. EPA (D.C. Circuit).pdf

Joint Appellant Brief - Statutory Regulatory Addendum -- State of New York v. EPA (D.C. Circuit).pdf

Brief of Kentucky, Energy and Environment Cabinet as Amicus Curiae -- State of New York v. EPA (D.C. Circuit).pdf

Proof Brief for Respondent-Intervenors -- State of New York v. EPA (D.C. Circuit).pdf

Opinion -- State of New York v. EPA (D.C. Circuit).pdf