Concerned Household Electricity Consumer's Council, et al v. EPA
Concerned Household Electricity Consumer's Council, Joseph S. D'Aleo, Clement Dwyer, Jr., Scott Univer, James P. Wallace, III and Robin Weaver |
Environmental Protection Agency |
American Lung Association, American Public Health Association, Appalachian Mountain Club, Clean Air Council, Clean Wisconsin, Environmental Defense Fund, National Parks Conservation Association and Natural Resources Council of Maine |
William Happer, Christopher Field, Richard S. Lindzen, Michael Oppenheimer, CO2 Coalition and Susan Solomon |
22-1139 |
June 27, 2022 |
U.S. Court of Appeals, D.C. Circuit |
Other |
Docket Report
This docket was last retrieved on October 19, 2023. A more recent docket listing may be available from PACER.
Document Text |
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LETTER [2023613] received from the Clerk of the Supreme Court of the United States notifying this court of the following activity in the case before it: A petition for writ of certiorari was filed and placed on the docket on 10/19/2023 as No. 23-418. [22-1139, 22-1140] [Entered: 10/24/2023 06:13 PM] |
MANDATE ISSUED to Environmental Protection Agency. [22-1139, 22-1140] [Entered: 07/28/2023 04:46 PM] |
PER CURIAM ORDER [2008744] filed denying petitioners' petition for panel rehearing [ # 2007044-2 ]. Before Judges: Henderson, Katsas and Pan. [22-1139, 22-1140] [Entered: 07/20/2023 10:47 AM] |
PER CURIAM ORDER, En Banc, [2008749] filed denying petitioners' petition for rehearing en banc [ # 2007044-3 ]. Before Judges: Srinivasan, Henderson, Millett, Pillard, Wilkins, Katsas, Rao, Walker, Childs, Pan and Garcia. [22-1139, 22-1140] [Entered: 07/20/2023 10:56 AM] |
PETITION [2007044] for rehearing, for rehearing en banc filed by Petitioners Concerned Household Electricity Consumer's Council, Joseph S. D'Aleo, Robin Weaver, Dr. James P. Wallace, III, Scott Univer and Clement Dwyer, Jr. in 22-1139, Petitioner FAIR Energy Foundation in 22-1140 [Service Date: 07/10/2023 by Email, CM/ECF NDA] Length Certification: 3891. [22-1139, 22-1140] (MacDougald, Harry) [Entered: 07/10/2023 01:48 PM] |
PER CURIAM JUDGMENT [2000739] filed (without memorandum) that the petitions for review filed by the Concerned Household Electricity Consumers Council and the FAIR Energy Foundation are DISMISSED. (SEE JUDGMENT FOR DETAILS) withholding issuance of the mandate. Before Judges: Henderson, Katsas and Pan. [22-1139, 22-1140] [Entered: 05/25/2023 10:14 AM] |
ORAL ARGUMENT HELD before Judges Henderson, Katsas and Pan. [22-1139, 22-1140] [Entered: 04/14/2023 11:12 AM] |
FORM 72 submitted by arguing attorney, Brian H. Lynk, on behalf of Respondent EPA in 22-1139, 22-1140 (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [22-1139, 22-1140] (Lynk, Brian) [Entered: 04/05/2023 05:15 PM] |
PER CURIAM ORDER [1992888] filed allocating oral argument time as follows: Petitioners - 10 Minutes, Respondent - 10 Minutes. One counsel per side to argue; directing party to file Form 72 notice of arguing attorney by 04/05/2023 [22-1139, 22-1140] [Entered: 04/03/2023 10:25 AM] |
FORM 72 submitted by arguing attorney, Harry W. MacDougald, on behalf of Petitioners Concerned Household Electricity Consumer's Council, Joseph S. D'Aleo, Clement Dwyer, Jr., Scott Univer, Dr. James P. Wallace, III and Robin Weaver in 22-1139, Petitioner FAIR Energy Foundation in 22-1140 (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [22-1139, 22-1140] (MacDougald, Harry) [Entered: 04/03/2023 06:44 PM] |
CLERK'S ORDER [1986977] filed scheduling oral argument on Friday, 04/14/2023. [22-1139, 22-1140] [Entered: 02/22/2023 11:31 AM] |
INTERVENOR FOR RESPONDENT FINAL BRIEF [1986597] filed by American Lung Association, American Public Health Association, Appalachian Mountain Club, Clean Air Council, Clean Wisconsin, Environmental Defense Fund, National Parks Conservation Association and Natural Resources Council of Maine in 22-1139 [Service Date: 02/21/2023 ] Length of Brief: 5469. [22-1139, 22-1140] (Donahue, Sean) [Entered: 02/21/2023 10:07 AM] |
LETTER [1986602] regarding correction made in final brief. filed by American Lung Association, American Public Health Association, Appalachian Mountain Club, Clean Air Council, Clean Wisconsin, Environmental Defense Fund, National Parks Conservation Association and Natural Resources Council of Maine in 22-1139 [Service Date: 02/21/2023 ] [22-1139, 22-1140] (Donahue, Sean) [Entered: 02/21/2023 10:11 AM] |
RESPONDENT FINAL BRIEF [1986785] filed by EPA in 22-1139, 22-1140 [Service Date: 02/21/2023 ] Length of Brief: 12,903 words. [22-1139, 22-1140] (Lynk, Brian) [Entered: 02/21/2023 02:06 PM] |
PETITIONER FINAL BRIEF [1986798] filed by Concerned Household Electricity Consumer's Council, Joseph S. D'Aleo, Clement Dwyer, Jr., Scott Univer, Dr. James P. Wallace, III and Robin Weaver in 22-1139, FAIR Energy Foundation in 22-1140 [Service Date: 02/21/2023 ] Length of Brief: 12,944 words. [22-1139, 22-1140] (MacDougald, Harry) [Entered: 02/21/2023 02:29 PM] |
PETITIONER FINAL REPLY BRIEF [1986799] filed by Concerned Household Electricity Consumer's Council, Joseph S. D'Aleo, Clement Dwyer, Jr., Scott Univer, Dr. James P. Wallace, III and Robin Weaver in 22-1139, FAIR Energy Foundation in 22-1140 [Service Date: 02/21/2023 ] Length of Brief: 6,469 Words. [22-1139, 22-1140] (MacDougald, Harry) [Entered: 02/21/2023 02:30 PM] |
JOINT APPENDIX [1985895] filed by Concerned Household Electricity Consumer's Council, Joseph S. D'Aleo, Clement Dwyer, Jr., Scott Univer, Dr. James P. Wallace, III and Robin Weaver in 22-1139, FAIR Energy Foundation in 22-1140 [Volumes: 2] [Service Date: 02/14/2023 ] [22-1139, 22-1140] (MacDougald, Harry) [Entered: 02/14/2023 11:47 AM] |
ERRATA [1985358] filed by Concerned Household Electricity Consumer's Council, Joseph S. D'Aleo, Robin Weaver, Dr. James P. Wallace, III, Scott Univer and Clement Dwyer, Jr. in 22-1139, FAIR Energy Foundation in 22-1140 to Appellant/Petitioner reply brief [ # 1985108-2 ] . Reason for errata: To correct use of passim on p. iv of the Table of Authorities. [Service Date: 02/09/2023 ] [22-1139, 22-1140] (MacDougald, Harry) [Entered: 02/09/2023 05:39 PM] |
CORRECTED PETITIONER REPLY BRIEF [1985108] filed by Concerned Household Electricity Consumer's Council, Joseph S. D'Aleo, Clement Dwyer, Jr., Scott Univer, Dr. James P. Wallace, III and Robin Weaver in 22-1139, FAIR Energy Foundation in 22-1140 [Service Date: 02/08/2023 ] Length of Brief: 6499. [22-1139, 22-1140] (MacDougald, Harry) [Entered: 02/08/2023 03:34 PM] |
PETITIONER REPLY BRIEF [1984974] lodged by Concerned Household Electricity Consumer's Council, Joseph S. D'Aleo, Clement Dwyer, Jr., Scott Univer, Dr. James P. Wallace, III and Robin Weaver in 22-1139, FAIR Energy Foundation in 22-1140 [Service Date: 02/07/2023 ] Length of Brief: 6456 words. [22-1139, 22-1140]--[Edited 02/08/2023 by EKC--Modified Event Filed to Lodged] (MacDougald, Harry) [Entered: 02/07/2023 04:18 PM] |
CORRECTED INTERVENOR FOR RESPONDENT BRIEF [1981905] filed by American Lung Association, American Public Health Association, Appalachian Mountain Club, Clean Air Council, Clean Wisconsin, Environmental Defense Fund, National Parks Conservation Association and Natural Resources Council of Maine in 22-1139 [Service Date: 01/18/2023 ] Length of Brief: 5450. [22-1139, 22-1140] (Duffy, James) [Entered: 01/18/2023 02:41 PM] |
ENTRY OF APPEARANCE [1981651] filed by James Patrick Duffy and co-counsel Veronica Saltzman on behalf of Intervenors for Respondent American Lung Association, American Public Health Association, Appalachian Mountain Club, Clean Air Council and Clean Wisconsin in 22-1139. [22-1139, 22-1140] (Saltzman, Veronica) [Entered: 01/17/2023 11:39 AM] |
INTERVENOR FOR RESPONDENT BRIEF [1981776] lodged by American Lung Association, American Public Health Association, Appalachian Mountain Club, Clean Air Council, Clean Wisconsin, Environmental Defense Fund, National Parks Conservation Association and Natural Resources Council of Maine in 22-1139 [Service Date: 01/17/2023 ] Length of Brief: 5448 words. [22-1139, 22-1140]--[MODIFIED EVENT FROM FILED TO LODGED--Edited 01/18/2023 by LMM] (Duffy, James) [Entered: 01/17/2023 09:11 PM] |
AMICUS FOR RESPONDENT BRIEF [1979089] filed by Christopher Field, Michael Oppenheimer, and Susan Solomon [Service Date: 12/23/2022 ] Length of Brief: 6473 words. [22-1139, 22-1140]--[MODIFIED PARTY FILER--Edited 12/27/2022 by LMC] (Sprankling, Thomas) [Entered: 12/23/2022 07:53 PM] |
NOTICE [1979081] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Christopher Field, Michael Oppenheimer, and Susan Solomon [Service Date: 12/23/2022 ] [22-1139, 22-1140]--[MODIFIED PARTY FILER--Edited 12/27/2022 by LMC] (Sprankling, Thomas) [Entered: 12/23/2022 07:18 PM] |
RESPONDENT BRIEF [1978415] filed by EPA in 22-1139, 22-1140 [Service Date: 12/20/2022 ] Length of Brief: 12,994 words. [22-1139, 22-1140] (Lynk, Brian) [Entered: 12/20/2022 03:09 PM] |
CLERK'S ORDER [1975623] filed granting respondent's unopposed motion to extend time [ # 1975456-2 ], The following revised briefing schedule will now apply: RESPONDENT Brief due on 12/20/2022. INTERVENOR FOR RESPONDENT Brief due 01/17/2023. PETITIONER Reply Brief due 02/07/2023. DEFERRED APPENDIX due 02/14/2023. Final Briefs due 02/21/2023. [22-1139, 22-1140] [Entered: 11/30/2022 05:06 PM] |
UNOPPOSED MOTION [1975456] to extend time to file brief to 12/20/2022 filed by EPA in 22-1139, 22-1140 Length Certification: 474 words. [22-1139, 22-1140] (Lynk, Brian) [Entered: 11/29/2022 05:03 PM] |
CORRECTED PETITIONER BRIEF [1970263] filed by Concerned Household Electricity Consumer's Council, Joseph S. D'Aleo, Clement Dwyer, Jr., Scott Univer, Dr. James P. Wallace, III and Robin Weaver in 22-1139, FAIR Energy Foundation in 22-1140 [Service Date: 10/24/2022 ] Length of Brief: 12,978 words. [22-1139, 22-1140] (MacDougald, Harry) [Entered: 10/24/2022 02:14 PM] |
CONSENT AMICUS FOR PETITIONER BRIEF [1970116] filed by CO2 Coalition, Dr. William Happer and Richard S. Lindzen in 22-1139, 22-1140 [Service Date: 10/21/2022 ] Length of Brief: 5,821 Words. [22-1139, 22-1140]--[MODIFIED PARTY FILER--Edited 10/24/2022 by LMC] (Wachen, David) [Entered: 10/21/2022 03:34 PM] |
LETTER [1969552] sent to counsel concerning the use of uncommon acronyms and abbreviations in briefs. Nonconforming Briefs: [ # 1969067-2 ]. [22-1139, 22-1140] [Entered: 10/18/2022 04:40 PM] |
ENTRY OF APPEARANCE [1969509] filed by Sean H Donahue and co-counsel Vickie Patton on behalf of Intervenor for Respondent Environmental Defense Fund in 22-1139. [22-1139, 22-1140] (Donahue, Sean) [Entered: 10/18/2022 02:25 PM] |
PETITIONER BRIEF [1969067] filed by Concerned Household Electricity Consumer's Council, Joseph S. D'Aleo, Clement Dwyer, Jr., Scott Univer, Dr. James P. Wallace, III and Robin Weaver in 22-1139, FAIR Energy Foundation in 22-1140 [Service Date: 10/14/2022 ] Length of Brief: 12,997 words. [22-1139, 22-1140] (MacDougald, Harry) [Entered: 10/14/2022 02:56 PM] |
CLERK'S ORDER [1960269] filed granting respondent's consent motion to govern further proceedings. The following briefing schedule will now apply: Joint Brief for Petitioners due 10/14/2022. RESPONDENT Brief due on 12/13/2022. Joint Brief for INTERVENOR FOR RESPONDENT due 01/10/2023. PETITIONER Reply Brief due 01/31/2023. DEFERRED APPENDIX due 02/07/2023. Final Briefs due 02/14/2023. [22-1139, 22-1140] [Entered: 08/22/2022 03:11 PM] |
CLERK'S ORDER [1959492] filed granting motion for leave to intervene [ # 1956722-2 ] [22-1139, 22-1140] [Entered: 08/16/2022 11:21 AM] |
CERTIFIED INDEX TO RECORD [1959213] filed by EPA in 22-1139, 22-1140 [Service Date: 08/12/2022 ] [22-1139, 22-1140] (Lynk, Brian) [Entered: 08/12/2022 08:59 PM] |
NOTICE [1957594] to correct table of contents to Addendum of Declarations. filed by American Lung Association, American Public Health Association, Appalachian Mountain Club, Clean Air Council, Clean Wisconsin, Environmental Defense Fund, National Parks Conservation Association and Natural Resources Council of Maine in 22-1139 [Service Date: 08/02/2022 ] [22-1139, 22-1140] (Donahue, Sean) [Entered: 08/02/2022 09:01 PM] |
UNDERLYING DECISION IN CASE [1957121] submitted by Concerned Household Electricity Consumer's Council in 22-1139 [22-1139, 22-1140] (MacDougald, Harry) [Entered: 07/29/2022 05:23 PM] |
DOCKETING STATEMENT [1957123] filed by FAIR Energy Foundation in 22-1140 [Service Date: 07/29/2022 ] [22-1140, 22-1139] (MacDougald, Harry) [Entered: 07/29/2022 05:26 PM] |
CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1957120] filed by Concerned Household Electricity Consumer's Council in 22-1139 [Service Date: 07/29/2022 ] [22-1139, 22-1140] (MacDougald, Harry) [Entered: 07/29/2022 05:22 PM] |
STATEMENT OF ISSUES [1957119] filed by Concerned Household Electricity Consumer's Council in 22-1139 [Service Date: 07/29/2022 ] [22-1139, 22-1140] (MacDougald, Harry) [Entered: 07/29/2022 05:21 PM] |
DOCKETING STATEMENT [1957118] filed by Concerned Household Electricity Consumer's Council in 22-1139 [Service Date: 07/29/2022 ] [22-1139, 22-1140] (MacDougald, Harry) [Entered: 07/29/2022 05:20 PM] |
STATEMENT OF ISSUES [1957124] filed by FAIR Energy Foundation in 22-1140 [Service Date: 07/29/2022 ] [22-1140, 22-1139] (MacDougald, Harry) [Entered: 07/29/2022 05:27 PM] |
STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [1957122] filed by Concerned Household Electricity Consumer's Council in 22-1139 [Service Date: 07/29/2022 ] Intent: AppxDeferred [22-1139, 22-1140] (MacDougald, Harry) [Entered: 07/29/2022 05:24 PM] |
AMENDED DOCKETING STATEMENT [1957138] filed by Concerned Household Electricity Consumer's Council in 22-1139 [Service Date: 07/29/2022 ] [22-1139, 22-1140] (MacDougald, Harry) [Entered: 07/29/2022 06:11 PM] |
CONSENT UNOPPOSED MOTION [1957161] to govern future proceedings filed by EPA in 22-1139, 22-1140 [Service Date: 07/29/2022 ] Length Certification: 311 words. [22-1139, 22-1140] (Lynk, Brian) [Entered: 07/29/2022 09:12 PM] |
STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [1957128] filed by FAIR Energy Foundation in 22-1140 [Service Date: 07/29/2022 ] Intent: AppxDeferred [22-1140, 22-1139] (MacDougald, Harry) [Entered: 07/29/2022 05:30 PM] |
UNDERLYING DECISION IN CASE [1957127] submitted by FAIR Energy Foundation in 22-1140 [Service Date: 07/29/2022 ] [22-1140, 22-1139] (MacDougald, Harry) [Entered: 07/29/2022 05:29 PM] |
CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1957126] filed by FAIR Energy Foundation in 22-1140 [Service Date: 07/29/2022 ] [22-1140, 22-1139] (MacDougald, Harry) [Entered: 07/29/2022 05:29 PM] |
CORRECTED MOTION [1956722] for leave to intervene [Disclosure Listing: Previously Filed] filed by American Lung Association, American Public Health Association, Appalachian Mountain Club, Clean Air Council, Clean Wisconsin, Environmental Defense Fund, National Parks Conservation Association, and Natural Resources Council of Maine [Service Date: 07/27/2022 ] [22-1139, 22-1140] (Donahue, Sean) [Entered: 07/27/2022 04:03 PM] |
MOTION [1956632] for leave to intervene [Disclosure Listing: Attached] filed by American Lung Association, American Public Health Association, Appalachian Mountain Club, Clean Air Council, Clean Wisconsin, Environmental Defense Fund, National Parks Conservation Association, National Resources Council of Maine [Service Date: 07/27/2022 ] [22-1139, 22-1140]--[MODIFIED PARTY FILER--Edited 07/27/2022 by LMC] (Donahue, Sean) [Entered: 07/27/2022 10:41 AM] |
ENTRY OF APPEARANCE [1955516] filed by Brian H. Lynk on behalf of Respondent EPA in 22-1139, 22-1140. [22-1139, 22-1140] (Lynk, Brian) [Entered: 07/19/2022 03:16 AM] |
CERTIFIED COPY [1952757] of Amended Petition for Review sent to respondent [ # 1952754-2 ]. [22-1139] [Entered: 06/29/2022 01:33 PM] |
CLERK'S ORDER [1952770] filed consolidating case 22-1140 (Consolidation started 06/29/2022) with 22-1139. Directing the parties to file initial submissions: PETITIONER docketing statement due 07/29/2022; PETITIONER certificate as to parties due 07/29/2022; PETITIONER statement of issues due 07/29/2022; PETITIONER underlying decision due 07/29/2022; PETITIONER deferred appendix statement due 07/29/2022; PETITIONER procedural motions due 07/29/2022; PETITIONER dispositive motions due 08/15/2022; RESPONDENT entry of appearance due 07/29/2022; RESPONDENT procedural motions due 07/29/2022; RESPONDENT certified index to record due 08/15/2022; RESPONDENT dispositive motions due 08/15/2022. [22-1139, 22-1140] [Entered: 06/29/2022 01:51 PM] |
STATEMENT [1952838] with Disclosure Listing filed by Concerned Household Electricity Consumer's Council in 22-1139 [Service Date: 06/29/2022 ] [22-1139, 22-1140] (MacDougald, Harry) [Entered: 06/29/2022 03:42 PM] |
AMENDED PETITION FOR REVIEW [1952840] filed by FAIR Energy Foundation in 22-1140 [Service Date: 06/29/2022] [22-1140, 22-1139] (MacDougald, Harry) [Entered: 06/29/2022 03:44 PM] |
STATEMENT [1952841] with Disclosure Listing filed by FAIR Energy Foundation in 22-1140 [Service Date: 06/29/2022 ] [22-1140, 22-1139] (MacDougald, Harry) [Entered: 06/29/2022 03:45 PM] |
AMENDED PETITION FOR REVIEW [1952754] of a decision by federal agency filed by Concerned Household Electricity Consumer's Council, Joseph S. D'Aleo, Clement Dwyer, Jr., Scott Univer, Dr. James P. Wallace, III and Robin Weaver [Service Date: 06/27/2022] Disclosure Statement: Not Attached. [22-1139] [Entered: 06/29/2022 01:31 PM] |
PETITION FOR REVIEW [1952752] of a decision by federal agency filed by Concerned Household Electricity Consumer's Council, Joseph S. D'Aleo, Clement Dwyer, Jr., Scott Univer, Dr. James P. Wallace, III and Douglas S. Springer [Service Date: 06/27/2022] Disclosure Statement: Not Attached. [22-1139] [Entered: 06/29/2022 01:29 PM] |
PETITION FOR REVIEW CASE docketed. [22-1139] [Entered: 06/29/2022 01:27 PM] |
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