Forum
U.S. Court of Appeals for the D.C. Circuit
Case Status
Pending
Docket Number
Case Updates
Litigation over NSPS Rule held in abeyance
March 28, 2017
U.S. Chamber and coalition file lawsuit challenging EPA’s unprecedented attempt to ban new coal-fired power plants
December 18, 2015
The U.S. Chamber, joined by fifteen other business groups, filed a petition in the D.C. Circuit challenging the EPA’s New Source Performance Standards (NSPS) rule regulating carbon dioxide emissions from new and modified power plants. As with the EPA’s companion rule for existing power plants, the NSPS rule is unlawful and should be invalidated by the courts.
As a practical matter, the rule imposes a ban on the construction of new coal-fired power plants in the United States, and is inconsistent with an all-of-the-above energy strategy that is essential to maintaining electricity reliability and affordability. Ultimately, EPA’s NSPS regulation will harm electricity consumers while reducing America's energy diversity. the Clean Air Act prohibits EPA from mandating unproven technologies, and the carbon capture and control systems mandated in the NSPS are simply not ready for commercial use.
In this case, the U.S. Chamber and its coalition partners are represented by Peter D. Keisler, Roger R. Martella, Jr., C. Frederick Beckner III, Ryan C. Morris, Joel F. Visser, and Paul J. Ray of Sidley Austin LLP.
The Chamber's lawsuit has been consolidated with Murray v. EPA, the lead caption for the consolidated litigation challenging NSPS.
The Chamber is the lead petitioner in a coalition of 16 national trade associations challenging the final ESPS regulations. The Chamber has been joined in its lawsuit by the National Association of Manufacturers, American Fuel and Petrochemical Manufacturers, National Federation of Independent Business, American Chemistry Council, American Coke and Coal Chemicals Institute, American Foundry Society, American Forest and Paper Association, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Electricity Consumers Resource Council, Lignite Energy Council, National Lime Association, National Oilseed Processors Association and Portland Cement Association. The caption is Chamber of Commerce, et al. v. EPA, No. 15-1469.
U.S. Chamber, et al. petition for review filed 12/18/2015.
Docketing statement and statement of issues filed 1/26/2016.
Opening brief filed 10/13/2016.
Case Documents
- Petition for Review -- U.S. Chamber, et al. v. EPA (NSPS).pdf
- Supplement to Agency Docketing Statement -- U.S. Chamber, et al. v. EPA (NSPS).pdf
- Petitioners' Preliminary Statement of Issues to be Raised -- U.S. Chamber, et al. v. EPA (NSPS).pdf
- EPA Proposed Briefing Schedule - State of North Dakota v. EPA (NSPS).pdf
- Non-State Petitioners Proposed Briefing Schedule - State of North Dakota v. EPA (NSPS).pdf
- 24 State Petitioners Proposed Briefing Schedule - State of North Dakota v. EPA (NSPS).pdf
- State of North Dakota Proposed Briefing Schedule - State of North Dakota v. EPA (NSPS).pdf
- State of North Dakota Opening Brief.pdf
- Non-State Petitioners Opening Brief -- State of North Dakota v. EPA (NSPS).pdf
- State-Petitioners Opening Brief.pdf
- Petitioner-Intervenors Opening Brief -- State of North Dakota v. EPA (NSPS).pdf
- Respondent's Opening Brief -- State of North Dakota v. EPA (NSPS).pdf
- Intervenor for Respondent Brief -- State of North Dakota v. EPA (NSPS)_0.pdf
- Executive Order, 3.28.2017 - Promoting Energy Independence and Economic Growth (White House).pdf
- Order re Abeyance -- State of North Dakota v. EPA (NSPS).pdf
- EPA's Status Report, 5.30.2017 -- State of North Dakota v. EPA (NSPS).pdf
- Motion to Dismiss Petitions for Review as Moot -- State of North Dakota v. EPA (NSPS).pdf
- CPP Reply ISO Motion Dismiss -- State of North Dakota v. EPA (NSPS).pdf