Evn Sys Prod Inc v. EPA
| Environmental Systems Products, Inc. |
| Environmental Protection Agency |
| Sierra Club, U.S. Public Interest Research Group and Natural Resources Defense Council |
| 01-1231 |
| May 25, 2001 |
| U.S. Court of Appeals, D.C. Circuit |
| Other |
Docket Report
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| MERITS BRIEFS RETIRED [1386955] - The following NARA information may be used to locate the archived merits briefs at the Federal Records Center - Accession Number: 276-05-0002; Location Number: 06/05-35-7.2; Box Number: 16. [01-1228, 01-1231, 01-1232, 01-1237, 01-1238, 01-1233, 01-1248, 01-1251, 01-1252, 01-1253, 01-1234, 01-1236] [Entered: 08/01/2012 01:34 PM] |
| MERITS BRIEFS RETIRED [1386720] - The following NARA information may be used to locate the archived merits briefs at the Federal Records Center - Accession Number: 276-05-0002; Location Number: 06/05-35-7.2; Box Number: 15. [01-1218, 01-1229, 01-1243, 01-1255, 01-1256, 01-1257, 01-1267, 01-1274, 01-1310, 01-1311, 01-1313, 01-1319, 01-1321, 01-1219, 01-1225, 01-1228, 01-1231, 01-1232, 01-1237, 01-1238] [Entered: 07/31/2012 01:34 PM] |
| CLERK'S FILE RETIRED [1258526] - The following NARA information may be used to locate the archived clerks file at the Federal Records Center - Accession Number: 276-07-0009; Location Number: 10/48-09-4.1; Box Number: 5. [01-1226, 01-1227, 01-1228, 01-1231, 01-1232, 01-1229, 01-1233] [Entered: 08/02/2010 03:42 PM] |
| MANDATE ISSUED to EPA [775137-1]. [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] [Entered: 10/01/2003 09:57 AM] |
| PER CURIAM ORDER filed [771846] denying petition rehearing [753818-1] filed by Sierra Club, et al. (Mandate may issue on or after 9/19/03) Before Judges Randolph, Rogers, Williams. [Entry Date: 9/11/03] [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] [Entered: 09/11/2003 03:27 PM] |
| PER CURIAM ORDER, In Banc, filed [771844] denying suggestion rehearing en banc [753818-2] filed by Sierra Club, et al. Before Judges Ginsburg, Edwards, Sentelle, Henderson, Randolph, Rogers, Tatel, Garland,* Roberts, Williams. [Entry Date: 9/11/03] [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] (Circuit Judge Garland did not participate in this matter) [Entered: 09/11/2003 03:25 PM] |
| OPPOSITION filed [765354-1] (5 copies) by Respondent EPA in 01-1228, 01-1231, 01-1232, 01-1237 and 01-1238 (certificate of service by mail dated 8/5/03) to petitions for rehearing/rehearing en banc. [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] (Lister, Mary) [Entered: 08/08/2003 11:35 AM] |
| CLERK'S ORDER filed [763143] granting motion extend time filed by EPA [763135-1] to respond to the petition rehearing and rehearing en banc [753818-1]. The response is now due on 8/5/03. [Entry Date: 7/28/03] [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] [Entered: 07/28/2003 04:18 PM] |
| MOTION filed (5 copies) by Respondent EPA in 01-1228, et al. (certificate of service dated 7/24/03) to extend time to file [763135-1] a response to petitioners' petition for rehearing and rehearing en banc [753818-1] until 8/5/03. [01-1228, 01-1231, 01-1232, 01-1238] [Entered: 07/28/2003 04:09 PM] |
| CLERK'S ORDER filed [756916] of respondents' unopposed motion to extend time to file a response to petition for rehearing and rehearing en banc, it is ORDERED that the motion to extend time be granted [756648-1]. The response is now due July 28, 2003. [Entry Date: 7/1/03] [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] [Entered: 07/01/2003 09:48 AM] |
| UNOPPOSED MOTION filed (5 copies) by Respondent EPA in 01-1228, 01-1231, 01-1232, 01-1237, 01-1238 (certificate of service dated 6/25/03, by mail) to extend time to file [756648-1] a response to Sierra Club's petition for rehearing and rehearing en banc [753818-1] until 7/28/03. [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] [Entered: 06/30/2003 10:08 AM] |
| CLERK'S ORDER filed [755658] Directing respondents to file a response to petition for rehearing and petition for rehearing en banc, nte 15 pp by 7/7/03. Response should address whether, I. EPA Failed to Explain its Refusal to Promulgate Inspection and Maintenance Requirements for New Vehicles, II. EPA Failed to Provide a Rational Explanation for its Refusal to Promulgate Long-Term Fuel Controls, and III. EPA's Regulations Unlawfully Allow Emissions of Benzene and Formaldehyde to Increase, argues at pp 2-9 of the petition. The court will not accept a reply to the response. [Entry Date: 6/20/03] [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] (Lister, Mary) [Entered: 06/20/2003 04:52 PM] |
| JUDGMENT that the claims of the environmental and state petitionerss are denied on the merits, except for the remanded issue of on-board diagnostics, and that of Internation Trucking is dismissed as unripe for the reasons in the accompanying opinion. Before Judges Randolph, Rogers, Williams . [Entry Date: 4/25/03] [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] [Entered: 04/25/2003 12:03 PM] |
| OPINION filed [745904] ( 14 pgs ) for the Court by Judge Williams [01-1228, 01-1231, 01-1232, 01-1237, [Entered: 04/25/2003 12:26 PM] |
| CLERK'S ORDER filed [745905] The Clerk is directed to withhold issuance of the mandate [745905-1] pending disposition of any timely petition for rehearing. [Entry Date: 4/25/03] [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] [Entered: 04/25/2003 12:27 PM] |
| ORAL ARGUMENT HELD before Randolph, Rogers, Williams . [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] [Entered: 03/11/2003 11:17 AM] |
| FORM 72 filed by Attorney James Samuel Pew on behalf of petitioners Sierra Club, et al. [736486-1] [736486-2] . [01-1228] [Entered: 03/07/2003 08:24 AM] |
| FORM 72 filed by Attorney Angeline Purdy on behalf of respondent EPA [736533-1] [736533-2] . [01-1228] [Entered: 03/07/2003 10:34 AM] |
| FORM 72 filed by Attorney David Jay Kaplan on behalf of respondent EPA [736535-1] [736535-2] . [01-1228] [Entered: 03/07/2003 10:36 AM] |
| FORM 72 filed by Attorney Rachel Zaffrann on behalf of States of New York and Connecticut [736331-2] . [01-1228] [Entered: 03/06/2003 02:38 PM] |
| FORM 72 filed by Attorney Claudia Margaret O'Brien on behalf of Industry/Manufacturer Intervenor [736362-1] [736362-2] . [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] [Entered: 03/06/2003 03:20 PM] |
| FORM 72 filed by Attorney Claudia Margaret O'Brien on behalf of petitioner International Truck [736364-1]. [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] [Entered: 03/06/2003 03:22 PM] |
| PER CURIAM ORDER filed [734617] to allocate oral argument times: Environmental petitioners minutes- 10; State Petitioners minutes - 10; International Truck Petitioner minutes - 05; ERES EPA minutes- 20; Industry /Manufacturer Intervenor minutes- 05. [734617-1], Form 72 notice of attorney arguing case - [734617-2] due 3/6/03. [Entry Date: 2/27/03] [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] [Entered: 02/27/2003 12:32 PM] |
| CLERK'S ORDER filed [697121] granting motion to supplement the appendix filed by Sierra Club [697069-1]; Clerk directing to file the lodged supplemental appendix. [696646-1] [Entry Date: 8/22/02] [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] [Entered: 08/22/2002 08:21 AM] |
| PER ABOVE ORDER lodged supplemental appendix [696646-1] is filed. [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] [Entered: 08/23/2002 10:39 AM] |
| MOTION filed (5 copies) by Petitioners Sierra Club et al. in 01-1228 (certificate of service by mail dated 8/21/02) for leave to file [697069-1] a supplemental appendix [696646-1] in 01-1228 et al. [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] (Lister, Mary) [Entered: 08/21/2002 04:10 PM] |
| SUPPLEMENTAL JOINT APPENDIX lodged by Petitioners Sierra Club, US Pub Int Rsrch Grp, Nat Resrc Def Cncl in 01-1228 [696646-1]. Copies: 10. Certificate of service date 8/16/02. [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] [Entered: 08/19/2002 04:24 PM] |
| FINAL REPLY BRIEF filed by Petitioners Sierra Club, US Pub Int Rsrch Grp, Nat Resrc Def Cncl in 01-1228, Petitioner Env Prod Inc in 01-1231 [696587-1]. Copies: 15. Certificate of service date 8/16/02. [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] [Entered: 08/19/2002 02:34 PM] |
| FINAL BRIEF filed by Petitioners Sierra Club, US Pub Int Rsrch Grp, Nat Resrc Def Cncl in 01-1228, Petitioner Env Sys Prod Inc in 01-1231 [696566-1]. Copies: 15. Certificate of service date 8/16/02, by mail. [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] [Entered: 08/19/2002 01:45 PM] |
| FINAL BRIEF filed by Intervenors for Respondent Sierra Club, US Pub Int Rsrch Grp, Nat Resrc Def Cncl in 01-1231 [696562-1]. Copies: 15. Certificate of service date 8/16/02, by mail. [01-1228, 01-1231, 01-1232, 01-1237, [Entered: 08/19/2002 01:24 PM] |
| FINAL BRIEF filed by Respondent EPA in 01-1228 et al., [695707-1] . Copies: 15 . Certificate of service date 8/13/02 . [01-1228, 01-1231, 01-1232, 01-1237, [Entered: 08/14/2002 12:36 PM] |
| DEFERRED APPENDIX filed by Petitioner Sierra Club in 01-1228 [693460-1] . Copies: 10 . Certificate of service date 8/2/02 . [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] (Lister, Mary) [Entered: 08/02/2002 03:22 PM] |
| SUPPLEMENT (Errata - Corrected Typos on pages 6, 10, 12 and 14) to [691271-1] brief [687803-1] in 01-1228, et al. filed by Petitioner Sierra Club in 01-1228, Petitioner US Pub Int Rsrch Grp in Petitioner Nat Resrc Def Cncl in 01-1228, Petitioner Env Prod Inc in 01-1231 . [01-1228, 01-1231] [Entered: 07/23/2002 01:09 PM] |
| CLERK'S ORDER filed [690846] granting motion for extension of filing deadline filed by Sierra Club, EPA [690112-1] [ # 659931-2 ]; Deferred appendix now due on 8/2/02; Final briefs now due on 8/16/02. [Entry Date: 7/22/02] [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] [Entered: 07/22/2002 09:30 AM] |
| REPLY BRIEF filed by Petitioner Sierra Club in 01-1228, Petitioner US Pub Int Rsrch Grp in 01-1228, Petitioner Nat Resrc Def Cncl in 01-1228, Petitioner Env Sys Prod Inc in 01-1231 [687803-1] . Copies: 8 . Certificate of service date 7/5/02 . [01-1228, 01-1231] [Entered: 07/09/2002 11:50 AM] |
| SUPPLEMENT to [683859-1] intervenor-respondents brief (Errata sheet of the Table of Authorities containing *) [682466-1] in 01-1231. (One copy of errata placed in each brief). [Entered: 06/17/2002 01:39 PM] |
| BRIEF filed by Intervenor for Respondent Engine Mftr Assn, et al. [681875-1]. Copies: 13. Certificate of service date 6/6/02. [Entered: 06/06/2002 12:42 PM] |
| BRIEF filed by Intervenors for Respondent Sierra Club, US Pub Int Rsrch Grp and Nat Resrc Def Cncl in 01-1231 [682466-1]. Copies: 8. Certificate of service date 6/6/02. [Entered: 06/10/2002 01:13 PM] |
| BRIEF filed by Respondent EPA in 01-1228 et al. , [678372-1] . Copies: 7 Certificate of service date 5/16/02 . [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] [Entered: 05/17/2002 03:14 PM] |
| CLERK'S ORDER filed [671609] to schedule oral argument [671609-1] before Judge Initials: ARR JWR SFW on 3/11/03 at 9:30 AM . [Entry Date: 4/16/02] [01-1228, 01-1231, 01-1232, 01-1237, 01-1238] [Entered: 04/16/2002 08:19 AM] |
| CLERK'S ORDER filed [659931] granting motion unconsolidate case 01-1227 filed [659443-2] (01-1238 01-1237 01-1232 01-1231 01-1228) in 01-1227 and 01-1228; granting motion dismiss case 01-1227 voluntarily [659443-1]; No mandate shall issue in 01-1227. [659931-3] . [Entry Date: 2/21/02] [01-1227] (Lister, Mary) [Entered: 02/21/2002 01:20 PM] |
| BRIEF filed by Petitioner Sierra Club in 01-1228, Petitioner US Pub Int Rsrch Grp in 01-1228, Petitioner Natl Rescr Def Cncl in 01-1228, Petitioner Env Sys Prod Inc in 01-1231 [659623-1] . Copies: 7 . Certificate of service by mail 2/15/02 . [01-1228, 01-1231] [Entered: 02/20/2002 04:26 PM] |
| NOTICE (styled as "Parties Joint Notice of Word Limit Reductions Based upon the Stipulated Dismissal of Petition No. 01-1227") filed by Petitioner Amerada Hess Corp in 01-1227, Respondent EPA in 01-1227, Intervenor for Respondent Engine Mftr Assn in 01-1227, Petitioner Sierra Club in 01-1228, Petitioner Env Sys Prod Inc in 01-1231, Petitioner St NY in 01-1232, Petitioner Intl Trk Engine Corp in 01-1237, Petitioner St CT in 01-1238 concerning the briefing format: . Certificate of service date 2/14/02 . [01-1227, 01-1228, 01-1231, 01-1232, 01-1237, 01-1238] The parties stipulate that the word limits should be reduced as follows: Joint brief of industry petitioners and intervenor should be reduced from 12,000 to 4,000, the word limit for the joint reply brief of industry petitioenrs and intervenors be reduced from 6,000 to 2,000; brief of EPA should be reduced from 27,750 to 19,750; Joint brief of environmental intervenors in support of EPA should be reduced from 3,750 to 1,250. [Entered: 02/26/2002 09:52 AM] |
| PER CURIAM ORDER filed [643665] of the joint proposed briefing schedule and format, it is ORDERED that the following briefing format and schedule will apply in these consolidated cases [643665-2]: Joint Brief of Industry Petitioners and Intervenor [NOT TO EXCEED 12,000 WORDS] due 2/15/02; Joint Brief of Environmental Petitioners and Environmental Systems Products, Inc. [NOT TO EXCEED 9,375 WORDS] due 2/15/02; Joint Brief of State Petitioners [NOT TO EXCEED 6,375 WORDS] due 2/15/02; Brief of Respondents [NOT TO EXCEED 27,750 WORDS] due 5/16/02; Joint Brief of Environmental Intervenors in Support of Respondents [NOT TO EXCEED 3,750 WORDS] due 6/6/02; Joint Brief of Industry Intervenors in Support of Respondents [NOT TO EXCEED 3,750 WORDS] due 6/6/02; Joint Reply Brief of Industry Petitioners and Intervenor [NOT TO EXCEED 6,000 WORDS] due 7/5/02; Joint Reply Brief of Environmental Petitioners and Environmental Systems Products, Inc. [NOT TO EXCEED 4,688 WORDS] due 7/5/02; Joint Reply Brief of State Petitioners [NOT TO EXCEED 3,188 WORDS] due 7/5/02; DEFERRED APPENDIX due 7/19/02; FINAL BRIEFS due 8/2/02. The parties will be informed by separate order of the oral argument date and the composition of the merits panel. Before Judges Rogers, Tatel, Williams. [Entry Date: 12/7/01] [01-1227, 01-1228, 01-1231, 01-1232, 01-1237, 01-1238] [Entered: 12/07/2001 09:18 AM] |
| JOINT ANSWER filed [635438-1] (5 copies) by Petitioners Amerada Hess Corp, et al., Respondent EPA in 01-1227, Petitioners Sierra Club, et al./Intervenors supporting EPA in 01-1228, Petitioners Env Sys Prod Inc, et al., in 01-1231, Petitioner St NY/Intervenors in 01-1232, Petitioner Intl Trk Engine Corp, and as Intervenor supporting EPA in 01-1237, Petitioners St CT, et al. in 01-1238 (certificate of dated 10/29/01) to a Per Curiam order to show cause briefing format [ # 628136-1 ]. [STYLED AS JOINT PROPOSED BRIEFING SCHEDULE AND FORMAT]. [01-1227, 01-1228, 01-1231, 01-1232, 01-1237, 01-1238] [Entered: 10/30/2001 04:01 PM] |
| PER CURIAM ORDER filed [628136] that the motion to dismiss [610208-1] be referred to the merits panel to which these petitions for review are assigned in 01-1231, 01-1237. The parties are directed to address in their briefs the issues presented in the motion to dismiss rather than incorporate those arguments by reference. It is FURTHER ORDERED, on the court's own motion, that, within 30 days of the date of this order, the parties submit proposed formats for briefing. The parties are strongly urged to submit a joint proposal, and are reminded that the court looks with extreme disfavor on repetitious submissions, and will, where appropriate, require a joint brief of aligned parties with total words not to exceed the standard allotment for a single brief. The parties are directed to provide detailed justifications for any request to file separate briefs or to exceed the standard word allotment. Requests to exceed the standard word allotment must specify the word allotment necessary for each issue. Answer due 10/29/01 for Amerada Hess Corp, EPA, Engine Mftr Assn, Amer Petro Inst, Natl Petrochem Refn, Intl Trk Engine Corp, Alli Auto Mftr, Sierra Club in 01-1227. Before Judges Williams, Rogers, Tatel [Entry Date: 9/28/01] [01-1227] [Entered: 09/28/2001 04:03 PM] |
| REPLY filed [616397-1] (5 copies) by Respondent EPA in 01-1231, and 01-1237 (certificate of service dated 8/2/01 ) to a response to the motion dismiss case lack/jurisdiction [610208-1] in 01-1231 and 1237. [01-1231, 01-1237] [Entered: 08/09/2001 12:32 PM] |
| CLERK'S ORDER filed [614188] granting non-party motion to intervene filed by Alli Auto Mftr, Assn Intl Auto Mftr [606108-1] in 01-1227 granting non-party motion to intervene filed by Sierra Club, US Pub Int Rsrch Grp, Natl Rescr Def Cncl [606397-1] in 01-1227 granting non-party motion to intervene filed by Amer Petro Inst [605344-1] in 01-1227 granting non-party motion to intervene filed by Natl Petrochem Refn [605351-1] in 01-1227 granting non-party motion to intervene filed by Engine Mftr Assn [605339-1] in 01-1227 granting non-party motion to intervene filed by Intl Trk Engine Corp [605368-1] in 01-1227 . [Entry Date: 7/31/01] [01-1227, 01-1228, 01-1231, 01-1232, 01-1237, 01-1238] (Lister, Mary) [Entered: 07/31/2001 03:35 PM] |
| CLERK'S ORDER filed [614184] granting non-party motion to allow amicus filed by Clean Air Task Frce 01-1238, 01-1228, 01-1231, 01-1232, 01-1237, 01-1238 . [Entry Date: 7/31/01] [01-1227, 01-1228, 01-1231, 01-1232, 01-1237, 01-1238] (Lister, Mary) [Entered: 07/31/2001 03:33 PM] |
| MOTION filed (5 copies) (certificate of service dated 7/20/01 ) to allow amicus curiae [612457-1] in support of petitioners . Motion filed by Clean Air Task Frce in 01-1227, 01-1228, 01-1231, 01-1232, 01-1237 and 01-1238 [01-1227, 01-1228, 01-1231, 01-1232, 01-1237, 01-1238] (Lister, Mary) [Entered: 07/24/2001 03:42 PM] |
| OPPOSITION filed [612432-1] (5 copies) by Petitioner Env Sys Prod Inc in 01-1231 (certificate of service dated 7/23/01 ) to a motion to dismiss case for lack/jurisdiction [610208-1] [Entered: 07/24/2001 03:22 PM] |
| STATEMENT filed by Movant-AmicusCuriae-Petitioner Clean Air Task Frce in 01-1227 et al. pursuant to FRAP 26.1 providing corporate disclosure listing [612472-1]. Certificate of Service date 7/20/01 [01-1227, 01-1228, 01-1231, 01-1232, 01-1237, 01-1238] Attached to motion to participate as amicus. (Lister, Mary) [Entered: 07/24/2001 04:05 PM] |
| MOTION filed (5 copies) by Respondent EPA in 01-1231 and 01-1237 (certificate of service dated 7/9/01 ) to dismiss cases 01-1231 and 01-1237 for lack of jurisdiction [610208-1] Response due on 7/23/01 in 01-1231, in 01-1237 . [01-1231, 01-1237] (Lister, Mary) [Entered: 07/16/2001 05:38 PM] |
| INITIAL SUBMISSIONS filed by Petitioner Evn Sys Prod Inc in 01-1231 [606762-1] : docketing statement; statement of issues; certificate of counsel; deferred appendix notice (Deferred Appendix needed = y) . [Entered: 06/29/2001 10:58 AM] |
| STATEMENT filed by Petitioner Evn Sys Prod Inc pursuant to FRAP 26.1 providing corporate disclosure listing [598881-1] Certificate of Service date 5/25/01 [Entered: 05/25/2001 03:32 PM] |
| CLERK'S ORDER filed [598913] to consolidate cases (01-1227 and 01-1231)[598913-1], directing Petitioner to file [598913-2] : docketing statement due 6/25/01 for Evn Sys Prod Inc in 01-1231 ; statement of issues due 6/25/01 for Evn Sys Prod Inc in 01-1231 ; . [Entry Date: 5/25/01] [01-1227, 01-1231] [Entered: 05/25/2001 03:54 PM] |
| PETITION FOR REVIEW CASE docketed. Petition for Review filed by Petitioner Evn Sys Prod Inc. [598879-1] [Entered: 05/25/2001 03:32 PM] |
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