Case Updates
D.C. Circuit grants EPA’s unopposed motion for voluntary remand without vacatur in litigation challenging EPA’s decision in 2020 to leave undisturbed the National Ambient Air Quality Standards (NAAQS) for ozone that EPA had set in 2015
February 02, 2024
The D.C. Circuit granted EPA’s unopposed motion to remand the case without vacatur, terminating the litigation while keeping the 2020 decision in place. The petitioners thus received nothing from their lawsuits; EPA will fold the voluntary remand proceedings into a new, periodic NAAQS review that is required under the Clean Air Act.
D.C. Circuit grants motion of U.S. Chamber and other business groups to intervene to defend EPA’s 2020 decision to retain the existing National Ambient Air Quality Standards (NAAQS) for ozone
September 21, 2021
Click here to view the order. The U.S. Chamber and other associations intervened in the litigation to defend the 2020 decision as reasonable, adequately explained, and justified by the scientific evidence.
U.S. Chamber and industry associations move to intervene to help defend the 2020 review of the National Ambient Air Quality Standards for Ozone
February 18, 2021
Click here to view the motion to intervene.
James R. Bieke of Sidley Austin LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
Case Documents
- Petition for Review -- New York v. EPA (D.C. Circuit).pdf
- U.S. Chamber Motion to Intervene -- New York v. EPA (D.C. Circuit).pdf
- Order Granting Motion to Intervene -- New York v. EPA (D.C. Circuit).pdf
- Per Curiam Order -- New York v. EPA (D.C. Circuit)