Clean Air Council, et al v. EPA, et al
| Clean Air Council, Gary Advocates for Responsible Development, Hoosier Environmental Council, Just Transition Northwest Indiana and Sierra Club |
| Environmental Protection Agency and Lee M. Zeldin, Administrator, U.S. Environmental Protection Agency |
| United States Steel Corporation, Cleveland-Cliffs, Inc. and American Iron and Steel Institute |
| 25-1286 |
| December 18, 2025 |
| U.S. Court of Appeals, D.C. Circuit |
| Other |
Docket Report
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| TRANSCRIPT [2176297] of oral argument (For Internal Use Only: Transcript is only available to court staff) . [25-1163, 25-1286] [Entered: 06/02/2026 11:46 AM] |
| ORAL ARGUMENT HELD before Judges Rao, Pan and Garcia. [25-1163, 25-1286] [Entered: 05/11/2026 10:32 AM] |
| FORM 72 submitted by arguing attorney, John D. Lazzaretti, on behalf of Intervenors for Respondent Cleveland-Cliffs, Inc., American Iron and Steel Institute and United States Steel Corporation in 25-1163 (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [25-1163, 25-1286] (Lazzaretti, John) [Entered: 05/01/2026 01:39 PM] |
| FORM 72 submitted by arguing attorney, Adrienne Lee, on behalf of Petitioners Clean Air Council, Gary Advocates for Responsible Development, Just Transition Northwest Indiana and Sierra Club in 25-1163, 25-1286 (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [25-1163, 25-1286] (Lee, Adrienne) [Entered: 04/30/2026 05:04 PM] |
| FORM 72 submitted by arguing attorney, Peter M. Torstensen, Jr., on behalf of Respondents EPA and Lee M. Zeldin in 25-1163, 25-1286 (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [25-1163, 25-1286] (Torstensen, Peter) [Entered: 04/30/2026 03:21 PM] |
| ENTRY OF APPEARANCE [2171131] filed by Peter M. Torstensen, Jr. on behalf of Respondents EPA and Lee M. Zeldin in 25-1163, 25-1286. [25-1163, 25-1286] (Torstensen, Peter) [Entered: 04/29/2026 04:03 PM] |
| PER CURIAM ORDER [2171093] filed allocating oral argument time as follows: Petitioners - 15 Minutes, Respondents - 15 Minutes (to be divided with intervenors as the parties deem appropriate); directing party to file Form 72 notice of arguing attorney by 05/01/2026 [25-1163, 25-1286] [Entered: 04/29/2026 03:08 PM] |
| AMENDED CERTIFIED INDEX TO RECORD [2168028] filed by EPA and Lee M. Zeldin in 25-1163, 25-1286 [Service Date: 04/10/2026 ] [25-1163, 25-1286] (Luna, Mario) [Entered: 04/10/2026 12:46 PM] |
| ENTRY OF APPEARANCE [2167546] filed by Robert N. Stander on behalf of Respondent EPA in 25-1163, 25-1286. [25-1163, 25-1286] (Stander, Robert) [Entered: 04/08/2026 09:46 AM] |
| PETITIONER FINAL BRIEF [2167335] filed by Clean Air Council, Gary Advocates for Responsible Development, Hoosier Environmental Council, Just Transition Northwest Indiana and Sierra Club in 25-1163, 25-1286 [Service Date: 04/06/2026 ] Length of Brief: 10,338 words.. [25-1163, 25-1286] (Lee, Adrienne) [Entered: 04/06/2026 06:19 PM] |
| INTERVENOR FOR RESPONDENT FINAL BRIEF [2167274] filed by American Iron and Steel Institute, Cleveland-Cliffs, Inc. and United States Steel Corporation in 25-1286, 25-1163 [Service Date: 04/06/2026 ] Length of Brief: 8,853 Words. [25-1286, 25-1163] (Lazzaretti, John) [Entered: 04/06/2026 03:06 PM] |
| RESPONDENT FINAL BRIEF [2167329] filed by EPA and Lee M. Zeldin in 25-1163, 25-1286 [Service Date: 04/06/2026 ] Length of Brief: 11,740 Words. [25-1163, 25-1286] (Luna, Mario) [Entered: 04/06/2026 05:55 PM] |
| SEPARATE STATUTORY ADDENDUM [2167330] to Appellee/Respondent final brief [ # 2167329-2 ] filed by EPA and Lee M. Zeldin in 25-1163, 25-1286 [Service Date:04/06/2026 ] [25-1163, 25-1286] (Luna, Mario) [Entered: 04/06/2026 05:57 PM] |
| ERRATA [2167342] filed by Clean Air Council, Gary Advocates for Responsible Development, Hoosier Environmental Council, Just Transition Northwest Indiana and Sierra Club in 25-1163, 25-1286 to Appellant/Petitioner final reply brief [ # 2167339-2 ], Appellant/Petitioner brief [ # 2167337-2 ], Appellant/Petitioner final brief [ # 2167335-2 ] . Reason for errata: Correcting non-typographical errors in proof opening, supplemental, and reply briefs.. [Service Date: 04/06/2026 ] [25-1163, 25-1286] (Lee, Adrienne) [Entered: 04/06/2026 06:45 PM] |
| SEPARATE STATUTORY ADDENDUM [2167336] to Appellant/Petitioner final brief [ # 2167335-2 ] filed by Clean Air Council, Gary Advocates for Responsible Development, Hoosier Environmental Council, Just Transition Northwest Indiana and Sierra Club in 25-1163, 25-1286 [Service Date:04/06/2026 ] [25-1163, 25-1286] (Lee, Adrienne) [Entered: 04/06/2026 06:22 PM] |
| PETITIONER SUPPLEMENTAL BRIEF [2167337] filed by Clean Air Council, Gary Advocates for Responsible Development, Hoosier Environmental Council, Just Transition Northwest Indiana and Sierra Club in 25-1163, 25-1286 [Service Date: 04/06/2026 ] Length of Brief: 2,998 words.. [25-1163, 25-1286] (Lee, Adrienne) [Entered: 04/06/2026 06:25 PM] |
| PETITIONER FINAL REPLY BRIEF [2167339] filed by Clean Air Council, Gary Advocates for Responsible Development, Hoosier Environmental Council, Just Transition Northwest Indiana and Sierra Club in 25-1163, 25-1286 [Service Date: 04/06/2026 ] Length of Brief: 6,498 words.. [25-1163, 25-1286] (Lee, Adrienne) [Entered: 04/06/2026 06:29 PM] |
| JOINT APPENDIX [2166812] filed by Clean Air Council, Gary Advocates for Responsible Development, Hoosier Environmental Council, Just Transition Northwest Indiana and Sierra Club in 25-1163, 25-1286 [Volumes: 2] [Service Date: 04/02/2026 ] [25-1163, 25-1286] (Lee, Adrienne) [Entered: 04/02/2026 02:31 PM] |
| PETITIONER REPLY BRIEF [2166211] filed by Clean Air Council, Gary Advocates for Responsible Development, Hoosier Environmental Council, Just Transition Northwest Indiana and Sierra Club in 25-1163, 25-1286 [Service Date: 03/30/2026 ] Length of Brief: 6,495 words.. [25-1163, 25-1286] (Lee, Adrienne) [Entered: 03/30/2026 07:14 PM] |
| CLERK'S ORDER [2164532] filed scheduling oral argument on Monday, 05/11/2026. [25-1163, 25-1286] [Entered: 03/19/2026 06:23 PM] |
| LETTER [2163306] pursuant to FRAP 28j advising of additional authorities filed by EPA and Lee M. Zeldin in 25-1163, 25-1286 [Service Date: 03/12/2026 ] [25-1163, 25-1286] (Luna, Mario) [Entered: 03/12/2026 02:57 PM] |
| INTERVENOR FOR RESPONDENT BRIEF [2162799] filed by American Iron and Steel Institute, Cleveland-Cliffs, Inc. and United States Steel Corporation in 25-1286, 25-1163 [Service Date: 03/09/2026 ] Length of Brief: 8,852 Words. [25-1286, 25-1163] (Lazzaretti, John) [Entered: 03/09/2026 09:42 PM] |
| SEPARATE STATUTORY ADDENDUM [2161641] to Appellee/Respondent brief [ # 2161636-2 ] filed by EPA and Lee M. Zeldin in 25-1286, 25-1163 [Service Date:03/02/2026 ] [25-1286, 25-1163] (Luna, Mario) [Entered: 03/02/2026 01:41 PM] |
| RESPONDENT BRIEF [2161636] filed by EPA and Lee M. Zeldin in 25-1286, 25-1163 [Service Date: 03/02/2026 ] Length of Brief: 11,868 Words. [25-1286, 25-1163] (Luna, Mario) [Entered: 03/02/2026 01:37 PM] |
| ENTRY OF APPEARANCE [2156800] filed by Mario A. Luna on behalf of Respondents EPA and Lee M. Zeldin. [25-1286] (Luna, Mario) [Entered: 01/30/2026 06:07 PM] |
| MOTION [2154856] for leave to intervene [Disclosure Listing: Attached] filed by American Iron and Steel Institute [Service Date: 01/20/2026 ] [25-1286, 25-1163]--[Edited 01/22/2026 by FAW] (Mantione, Lianne) [Entered: 01/20/2026 01:34 PM] |
| DOCKETING STATEMENT [2155010] filed by Clean Air Council, Gary Advocates for Responsible Development, Hoosier Environmental Council, Just Transition Northwest Indiana and Sierra Club [Service Date: 01/20/2026 ] [25-1286] (Lee, Adrienne) [Entered: 01/20/2026 06:35 PM] |
| MOTION [2154848] for leave to intervene [Disclosure Listing: Attached] filed by United States Steel Corporation and Cleveland-Cliffs Inc [Service Date: 01/20/2026 ] [25-1286, 25-1163]--[Edited 01/22/2026 by FAW] (Mantione, Lianne) [Entered: 01/20/2026 01:14 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2155009] filed by Clean Air Council, Gary Advocates for Responsible Development, Hoosier Environmental Council, Just Transition Northwest Indiana and Sierra Club [Service Date: 01/20/2026 ] [25-1286] (Lee, Adrienne) [Entered: 01/20/2026 06:33 PM] |
| STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [2155011] filed by Clean Air Council, Gary Advocates for Responsible Development, Hoosier Environmental Council, Just Transition Northwest Indiana and Sierra Club [Service Date: 01/20/2026 ] Intent: AppxDeferred [25-1286] (Lee, Adrienne) [Entered: 01/20/2026 06:38 PM] |
| STATEMENT OF ISSUES [2155013] filed by Clean Air Council, Gary Advocates for Responsible Development, Hoosier Environmental Council, Just Transition Northwest Indiana and Sierra Club [Service Date: 01/20/2026 ] [25-1286] (Lee, Adrienne) [Entered: 01/20/2026 06:42 PM] |
| UNDERLYING DECISION IN CASE [2155014] submitted by Clean Air Council, Gary Advocates for Responsible Development, Hoosier Environmental Council, Just Transition Northwest Indiana and Sierra Club [Service Date: 01/20/2026 ] [25-1286] (Lee, Adrienne) [Entered: 01/20/2026 06:44 PM] |
| PETITIONER SUPPLEMENTAL BRIEF [2154485] filed by Clean Air Council, Gary Advocates for Responsible Development, Hoosier Environmental Council, Just Transition Northwest Indiana and Sierra Club in 25-1163, 25-1286 [Service Date: 01/15/2026 ] Length of Brief: 2,994 Words. [25-1163, 25-1286] (Lee, Adrienne) [Entered: 01/15/2026 08:16 PM] |
| CERTIFIED INDEX TO RECORD [2153713] filed by EPA and Lee M. Zeldin in 25-1163, 25-1286 [Service Date: 01/12/2026 ] [25-1163, 25-1286] (Luna, Mario) [Entered: 01/12/2026 09:28 AM] |
| PER CURIAM ORDER [2153182] filed ORDERED that the motion to hold No. 25-1163 in abeyance [ # 2148497-2 ] be denied. It is FURTHER ORDERED that the motion to consolidate No. 25-1163 and No. 25- 1286 [ # 2151420-2 ] be granted. The following briefing format and schedule will apply in these consolidated cases: Certified index to record for 25-1286 due 01/12/2026. Petitioners Supplemental Opening Brief due 01/15/2026. Respondents Brief due 03/02/2026. Respondent-Intervenors Brief due 03/09/2026. Petitioners Reply Brief due 03/30/2026. Deferred Appendix due 04/02/2026. Final Briefs due 04/06/2026. The parties are directed to file motions to govern within seven days of the filing of any new petition for review of the Environmental Protection Agencys final rule challenged in No. 25-1286. It is FURTHER ORDERED that the motion to extend the time to file the respondents brief in No. 25-1163 [ # 2150085-2 ] be dismissed as moot (SEE ORDER FOR MORE DETAILS). Before Judges: Millett, Pan and Garcia. [25-1163, 25-1286] [Entered: 01/06/2026 05:39 PM] |
| REPLY [2152163] filed by Clean Air Council, Gary Advocates for Responsible Development, Hoosier Environmental Council, Just Transition Northwest Indiana and Sierra Club to response [Service Date: 12/29/2025 by CM/ECF NDA] Length Certification: 1,917 Words. [25-1286] (Pew, James) [Entered: 12/29/2025 06:25 PM] |
| CERTIFIED COPY [2151363] of Petition for Review sent to respondent [ # 2151360-2 ] [25-1286] [Entered: 12/19/2025 03:13 PM] |
| MOTION [2151423] to consolidate and establish briefing schedule filed by Clean Air Council, Gary Advocates for Responsible Development, Hoosier Environmental Council, Just Transition Northwest Indiana and Sierra Club (Service Date: 12/19/2025 by CM/ECF NDA) Length Certification: 1,690 words.. [25-1286] (Pew, James) [Entered: 12/19/2025 05:28 PM] |
| CLERK'S ORDER [2151369] filed directing party to file initial submissions: PETITIONER docketing statement due 01/20/2026. PETITIONER certificate as to parties due 01/20/2026. PETITIONER statement of issues due 01/20/2026. PETITIONER underlying decision due 01/20/2026. PETITIONER deferred appendix statement due 01/20/2026. PETITIONER procedural motions due 01/20/2026. PETITIONER dispositive motions due 02/02/2026; directing party to file initial submissions: RESPONDENT entry of appearance due 01/20/2026. RESPONDENT procedural motions due 01/20/2026. RESPONDENT certified index to record due 02/02/2026. RESPONDENT dispositive motions due 02/02/2026 [25-1286] [Entered: 12/19/2025 03:21 PM] |
| PETITION FOR REVIEW [2151360] of a decision by federal agency filed by Clean Air Council, Gary Advocates for Responsible Development, Hoosier Environmental Council, Just Transition Northwest Indiana and Sierra Club [Service Date: 12/18/2025 ] Disclosure Statement: Attached. [25-1286] [Entered: 12/19/2025 03:10 PM] |
| PETITION FOR REVIEW CASE docketed. [25-1286] [Entered: 12/19/2025 03:06 PM] |
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