State of California, et al. v. American Free Enterprise Chamber of Commerce, et al.
| STATE OF CALIFORNIA, STATE OF COLORADO, STATE OF DELAWARE, STATE OF MASSACHUSETTS, STATE OF NEW JERSEY, STATE OF NEW MEXICO, STATE OF NEW YORK, STATE OF RHODE ISLAND, STATE OF VERMONT, STATE OF WASHINGTON and STATE OF OREGON |
| UNITED STATES OF AMERICA, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN and DONALD J. TRUMP |
| NATIONAL ASSOCIATION OF CONVENIENCE STORES, AMERICAN FREE ENTERPRISE CHAMBER OF COMMERCE, STATE OF TEXAS, ILLINOIS CORN GROWERS ASSOCIATION, ALLIANCE FOR AUTOMOTIVE INNOVATION, INDIANA CORN GROWERS ASSOCIATION, NATIONAL AUTOMOBILE DEALER'S ASSOCIATION, IOWA CORN GROWERS ASSOCIATION, WESTERN STATES TRUCKING ASSOCIATION, KANSAS CORN GROWERS ASSOCIATION, CONSTRUCTION INDUSTRY AIR QUALITY COALITION, INC., KENTUCKY CORN GROWERS ASSOCIATION, AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS, MICHIGAN CORN GROWERS ASSOCIATION, AMERICAN PETROLEUM INSTITUTE, MISSOURI CORN GROWERS ASSOCIATION, NEBRASKA CORN GROWERS ASSOCIATION, TENNESSEE CORN GROWERS ASSOCIATION, TEXAS CORN PRODUCERS, WISCONSIN CORN GROWERS ASSOCIATION and NATIONAL CORN GROWERS ASSOCIATION |
| 26-88 |
| January 6, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutory Actions |
Opinions
We have the following opinions for this case:
| Description |
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| STATE OF CALIFORNIA, ET AL. V. AMERICAN FREE ENTERPRISE CHAMBER OF COMMERCE, ET AL.Oakland, Northern CaliforniaCivilMurguia, Mary H., Koh, Lucy H., Thomas, Holly A. |
Docket Report
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This docket was last retrieved on June 26, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 38 CITATION of Supplemental Authorities (28j Letter) filed by Appellant American Free Enterprise Chamber of Commerce, Appellant Illinois Corn Growers Association, Appellant Indiana Corn Growers Association, Appellant Iowa Corn Growers Association, Appellant Kansas Corn Growers Association, Appellant Kentucky Corn Growers Association, Appellant Michigan Corn Growers Association, Appellant Missouri Corn Growers Association, Appellant Nebraska Corn Growers Association, Appellant Tennessee Corn Growers Association, Appellant Texas Corn Producers, Appellant Wisconsin Corn Growers Association, Appellant National Corn Growers Association. [26-88, 25-8013, 26-497, 26-525] [Entered: 06/26/2026 12:30 PM] |
| Filing 37 ARGUED AND SUBMITTED to Mary H. MURGUIA, Lucy H. KOH, Holly A. THOMAS. Audio and video recordings of the argument are available on the courts website at #https://www.ca9.uscourts.gov/media/. [25-8013, 26-88, 26-497, 26-525] [Entered: 06/25/2026 02:58 PM] |
| Filing 36 ACKNOWLEDGMENT of hearing notice filed by Cecilia D. Segal for Appellee State of California. Hearing in San Francisco - Courtroom 1 in San Francisco, on 6/25/2026 9:30:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [25-8013, 26-88, 26-497, 26-525] [Entered: 05/28/2026 09:38 AM] |
| Filing 35 ACKNOWLEDGMENT of hearing notice filed by Theodore Hadzi-Antich for Appellant Western States Trucking Association, Appellant Construction Industry Air Quality Coalition, Inc.. Hearing in San Francisco - Courtroom 1 in San Francisco, on 6/25/2026 9:30:00 AM. Filer argument time: Sharing with another attorney. (Argument minutes: 5). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [25-8013, 26-88, 26-497, 26-525] [Entered: 05/26/2026 10:32 AM] |
| Filing 34 ACKNOWLEDGMENT of hearing notice filed by Michael B. Buschbacher for Appellant American Free Enterprise Chamber of Commerce, Appellant Illinois Corn Growers Association, Appellant Indiana Corn Growers Association, Appellant Iowa Corn Growers Association, Appellant Kansas Corn Growers Association, Appellant Kentucky Corn Growers Association, Appellant Michigan Corn Growers Association, Appellant Missouri Corn Growers Association, Appellant Nebraska Corn Growers Association, Appellant Tennessee Corn Growers Association, Appellant Texas Corn Producers, Appellant Wisconsin Corn Growers Association, Appellant National Corn Growers Association. Hearing in San Francisco - Courtroom 1 in San Francisco, on 6/25/2026 9:30:00 AM. Filer argument time: Sharing with another attorney. (Argument minutes: 15). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [26-88, 25-8013, 26-497, 26-525] [Entered: 05/22/2026 07:16 AM] |
| Filing 33 CLERK ACTION: Reply Brief submitted at DE 32 by Appellants American Free Enterprise Chamber of Commerce, et al. is filed. No paper copies are required. [25-8013, 26-88, 26-497, 26-525] [Entered: 04/20/2026 09:08 AM] |
| Filing 32 REPLY BRIEF submitted for filing by Appellant American Free Enterprise Chamber of Commerce, Appellant Illinois Corn Growers Association, Appellant Indiana Corn Growers Association, Appellant Iowa Corn Growers Association, Appellant Kansas Corn Growers Association, Appellant Kentucky Corn Growers Association, Appellant Michigan Corn Growers Association, Appellant Missouri Corn Growers Association, Appellant Nebraska Corn Growers Association, Appellant Tennessee Corn Growers Association, Appellant Texas Corn Producers, Appellant Wisconsin Corn Growers Association, Appellant National Corn Growers Association. [26-88, 25-8013, 26-497, 26-525] [Entered: 04/17/2026 03:34 PM] |
| Filing 31 CLERK ACTION: Reply Brief submitted at DE 30 by Appellant Construction Industry Air Quality Coalition, Inc., Appellant Western States Trucking Association is filed. No paper copies are required. [25-8013, 26-88, 26-497, 26-525] [Entered: 04/16/2026 10:10 AM] |
| Filing 30 REPLY BRIEF submitted for filing by Appellant Western States Trucking Association, Appellant Construction Industry Air Quality Coalition, Inc.. [25-8013, 26-88, 26-497, 26-525] [Entered: 04/16/2026 08:18 AM] |
| Filing 29 NOTICE OF ORAL ARGUMENT on Thursday, June 25, 2026 - 09:30 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA View the Oral Argument Calendar for your case #here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [25-8013, 26-88, 26-497, 26-525] [Entered: 04/12/2026 12:17 PM] |
| Filing 28 CLERK ACTION: Answering Brief and Excerpts of Record submitted at DE 26, DE 27 by Appellees State of California, et al. are filed. No paper copies are required. [25-8013, 26-88, 26-497, 26-525] [Entered: 03/30/2026 08:38 AM] |
| Filing 27 EXCERPTS OF RECORD submitted for filing by Appellee State of California. [25-8013, 26-88, 26-497, 26-525] [Entered: 03/27/2026 06:11 PM] |
| Filing 26 ANSWERING BRIEF submitted for filing by Appellee State of California. [25-8013, 26-88, 26-497, 26-525] [Entered: 03/27/2026 06:08 PM] |
| Filing 25 NOTICE that No Answering Brief Will be Filed filed by Appellee Donald J. Trump, Appellee Lee Zeldin, Appellee United States Environmental Protection Agency, Appellee United States of America. [25-8013, 26-88, 26-497, 26-525] [Entered: 03/17/2026 06:22 AM] |
| Filing 24 ADDED Counsel for Appellee Brian C. Toth [25-8013, 26-88, 26-497, 26-525] [Entered: 03/16/2026 03:37 PM] |
| Filing 23 NOTICE OF APPEARANCE by Brian C. Toth for Not Applicable Donald J. Trump, Not Applicable Lee Zeldin, Not Applicable United States Environmental Protection Agency, Not Applicable United States of America. [25-8013, 26-88, 26-497, 26-525] [Entered: 03/16/2026 01:34 PM] |
| Filing 22 ADDED Counsel for Appellant Laura Beth Latimer [25-8013, 26-88, 26-497, 26-525] [Entered: 03/05/2026 03:06 PM] |
| Filing 21 NOTICE OF APPEARANCE by Laura Beth Latimer for Appellant Construction Industry Air Quality Coalition, Inc., Appellant Western States Trucking Association. [25-8013, 26-88, 26-497, 26-525] [Entered: 03/05/2026 02:57 PM] |
| Filing 20 NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for June 2026 and the subsequent sitting month in that location at #http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 (#http://www.ca9.uscourts.gov/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions (#http://www.ca9.uscourts.gov/forms/form32instructions.pdf) carefully. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [25-8013, 26-88, 26-497, 26-525] [Entered: 03/04/2026 11:45 AM] |
| Filing 19 CLERK ACTION: Opening Brief submitted at DE 17 and Excerpts of Record at DE 26 by Appellants are filed. No paper copies are required. [25-8013, 26-88, 26-497, 26-525] [Entered: 02/26/2026 09:04 AM] |
| Filing 18 EXCERPTS OF RECORD submitted for filing by Appellant American Free Enterprise Chamber of Commerce, Appellant Illinois Corn Growers Association, Appellant Indiana Corn Growers Association, Appellant Iowa Corn Growers Association, Appellant Kansas Corn Growers Association, Appellant Kentucky Corn Growers Association, Appellant Michigan Corn Growers Association, Appellant Missouri Corn Growers Association, Appellant Nebraska Corn Growers Association, Appellant Tennessee Corn Growers Association, Appellant Texas Corn Producers, Appellant Wisconsin Corn Growers Association, Appellant National Corn Growers Association. [26-88, 25-8013, 26-497, 26-525] [Entered: 02/25/2026 02:43 PM] [Edited: 02/26/2026 09:00 AM] |
| Filing 17 OPENING BRIEF submitted for filing by Appellant American Free Enterprise Chamber of Commerce, Appellant Illinois Corn Growers Association, Appellant Indiana Corn Growers Association, Appellant Iowa Corn Growers Association, Appellant Kansas Corn Growers Association, Appellant Kentucky Corn Growers Association, Appellant Michigan Corn Growers Association, Appellant Missouri Corn Growers Association, Appellant Nebraska Corn Growers Association, Appellant Tennessee Corn Growers Association, Appellant Texas Corn Producers, Appellant Wisconsin Corn Growers Association, Appellant National Corn Growers Association. [26-88, 25-8013, 26-497, 26-525] [Entered: 02/25/2026 02:38 PM] |
| Filing 16 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Alliance for Automotive Innovation, Appellant National Automobile Dealer's Association. [26-525, 25-8013, 26-88, 26-497] [Entered: 01/30/2026 02:35 PM] |
| Filing 15 ADDED Counsel for Appellant Raymond Ludwiszewski, Counsel for Appellant Rachel Levick [26-525, 25-8013, 26-88, 26-497] [Entered: 01/30/2026 12:18 PM] |
| Filing 14 NOTICE OF APPEARANCE by Raymond Ludwiszewski for Appellant Alliance for Automotive Innovation, Appellant National Automobile Dealer's Association. [26-525, 25-8013, 26-88, 26-497] [Entered: 01/30/2026 11:49 AM] |
| Filing 13 NOTICE OF APPEARANCE by Raymond Ludwiszewski for Appellant Alliance for Automotive Innovation, Appellant National Automobile Dealer's Association. [26-525, 25-8013, 26-88, 26-497] [Entered: 01/30/2026 11:45 AM] |
| Filing 12 NOTICE OF APPEARANCE by Rachel Levick for Appellant Alliance for Automotive Innovation, Appellant National Automobile Dealer's Association. [26-525, 25-8013, 26-88, 26-497] [Entered: 01/30/2026 11:40 AM] |
| Filing 11 NOTICE OF APPEARANCE by Rachel Levick for Appellant Alliance for Automotive Innovation, Appellant National Automobile Dealer's Association. [26-525, 25-8013, 26-88, 26-497] [Entered: 01/30/2026 11:35 AM] |
| Filing 10 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. [26-497, 25-8013, 26-88, 26-525] [Entered: 01/29/2026 12:21 PM] |
| Filing 9 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant American Fuel & Petrochemical Manufacturers, Appellant American Petroleum Institute, Appellant National Association of Convenience Stores. [26-497, 25-8013, 26-88, 26-525] [Entered: 01/27/2026 12:47 PM] |
| Filing 8 MEDIATION QUESTIONNAIRE filed by Appellant American Fuel & Petrochemical Manufacturers, Appellant American Petroleum Institute, Appellant National Association of Convenience Stores. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [26-497, 25-8013, 26-88, 26-525] [Entered: 01/27/2026 12:46 PM] |
Filing 7
ORDER FILED. Barry G. SILVERMAN, Holly A. THOMAS The motion (Docket Entry No. 10 in 25-8013; Docket Entry No. 6 in 26-88; Docket Entry No. 3 in 26-497) to consolidate is granted. Appeal Nos. 25-8013, 26- 88, 26-497, and 26-525 are consolidated. The motion (Docket Entry No. 3 in 25-8013) to expedite briefing in appeal No. 25-8013 is denied. The opening brief for appeal No. 25-8013 has been filed. The opening briefs for appeal Nos. 26-88, 26-497, and 26-525 are due February 25, 2026. The consolidated answering brief is due March 27, 2026. The optional reply briefs are due 21 days after the consolidated answering brief is served. No streamlined extensions of time to file a brief will be approved. The clerk will place these appeals on the next available calendar. See 9th Cir. Gen. Ord. 3.3(f). [25-8013, 26-88, 26-497, 26-525] [Entered: 01/26/2026 03:41 PM]
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| Filing 6 MOTION to Consolidate filed by Appellee State of California. [Entered: 01/21/2026 01:39 PM] |
| Filing 5 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. [25-8013, 26-88] [Entered: 01/12/2026 12:45 PM] |
| Filing 4 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant American Free Enterprise Chamber of Commerce, Appellant Illinois Corn Growers Association, Appellant Indiana Corn Growers Association, Appellant Iowa Corn Growers Association, Appellant Kansas Corn Growers Association, Appellant Kentucky Corn Growers Association, Appellant Michigan Corn Growers Association, Appellant Missouri Corn Growers Association, Appellant Nebraska Corn Growers Association, Appellant Tennessee Corn Growers Association, Appellant Texas Corn Producers, Appellant Wisconsin Corn Growers Association, Appellant National Corn Growers Association. [Entered: 01/12/2026 10:41 AM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant American Free Enterprise Chamber of Commerce, Appellant Illinois Corn Growers Association, Appellant Indiana Corn Growers Association, Appellant Iowa Corn Growers Association, Appellant Kansas Corn Growers Association, Appellant Kentucky Corn Growers Association, Appellant Michigan Corn Growers Association, Appellant Missouri Corn Growers Association, Appellant Nebraska Corn Growers Association, Appellant Tennessee Corn Growers Association, Appellant Texas Corn Producers, Appellant Wisconsin Corn Growers Association, Appellant National Corn Growers Association. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Entered: 01/12/2026 10:39 AM] |
| Filing 2 SCHEDULE NOTICE. Appeal Answering Brief (No Transcript Due) (Appellee) 3/19/2026, Mediation Questionnaire due (Appellant) 1/12/2026, Appeal Opening Brief (No Transcript Due) (Appellant) 2/17/2026. For appeal no. 26-88, 4:25-cv-04966-HSG. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 01/06/2026 12:30 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 4:25-cv-04966-HSG has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 26-88 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 01/06/2026 12:27 PM] |
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