Air Alliance Houston, et al v. EPA, et al
| Air Alliance Houston, Alliance of Nurses for Healthy Environments, American Academy of Pediatrics, American Lung Association, American Public Health Association, Chesapeake Climate Action Network, Citizens for Pennsylvania's Future, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, Dakota Resource Council, Downwinders at Risk, Environmental Defense Fund, Environmental Law and Policy Center, Kentucky Resources Council, Montana Environmental Information Center, Natural Resources Council of Maine, Natural Resources Defense Council, Physicians for Social Responsibility and Sierra Club |
| Environmental Protection Agency and Lee M. Zeldin, Administrator, U.S. Environmental Protection Agency |
| State of North Dakota, State of Alabama, State of Alaska, State of Arkansas, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wyoming, Talen Montana, LLC, Talen Energy Supply, LLC, Midwest Ozone Group, NorthWestern Energy Group, Inc., d/b/a NorthWestern Energy, NACCO Natural Resources Corporation, Westmoreland Mining Holdings LLC, Westmoreland Mining LLC, Westmoreland Rosebud Mining LLC, National Rural Electric Cooperative Association, America's Power, Associated Electric Cooperative, Inc., Basin Electric Power Cooperative, Big Rivers Electric Corporation, East Kentucky Power Cooperative, Inc., Minnkota Power Cooperative, Inc., Sunflower Electric Power Corporation, National Mining Association, Oak Grove Management Company, LLC and Luminant Generation Company LLC |
| Government Accountability & Oversight |
| 26-1070 |
| March 30, 2026 |
| U.S. Court of Appeals, D.C. Circuit |
| Other |
Docket Report
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| RESPONSE IN OPPOSITION [2175591] to motion to hold case in abeyance [ # 2173981-2 ] filed by EPA and Lee M. Zeldin in 26-1070, 26-1072 [Service Date: 05/28/2026 by CM/ECF NDA] Length Certification: 3,568 words. [26-1070, 26-1072] (Shea, Sonya) [Entered: 05/28/2026 05:43 PM] |
| RESPONSE IN OPPOSITION [2175586] to motion to hold case in abeyance [ # 2173981-2 ] filed by National Mining Association, National Rural Electric Cooperative Association, America's Power, Associated Electric Cooperative, Inc., Basin Electric Power Cooperative, Big Rivers Electric Corporation, East Kentucky Power Cooperative, Inc., Minnkota Power Cooperative, Inc., Sunflower Electric Power Corporation, Westmoreland Mining Holdings LLC, Westmoreland Mining LLC and Westmoreland Rosebud Mining LLC in 26-1070 [Service Date: 05/28/2026 by CM/ECF NDA] Length Certification: 746 Words. [26-1070, 26-1072] (Tseytlin, Misha) [Entered: 05/28/2026 05:24 PM] |
| MOTION [2173981] to hold case in abeyance filed by Air Alliance Houston, Alliance of Nurses for Healthy Environments, American Academy of Pediatrics, American Lung Association, American Public Health Association, Chesapeake Climate Action Network, Citizens for Pennsylvania's Future, Clean Air Council, Conservation Law Foundation, Dakota Resource Council, Downwinders at Risk, Environmental Defense Fund, Environmental Law and Policy Center, Kentucky Resources Council, Montana Environmental Information Center, Natural Resources Council of Maine, Natural Resources Defense Council, Physicians for Social Responsibility and Sierra Club in 26-1070, City of Chicago, Illinois, City of New York, New York, Commonwealth of Massachusetts, Harris County, Texas, State of Arizona, State of Connecticut, State of Delaware, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New Mexico, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and State of Wisconsin in 26-1072 (Service Date: 05/18/2026 by CM/ECF NDA) Length Certification: 4712 words. [26-1070, 26-1072] (Donahue, Sean) [Entered: 05/18/2026 09:31 PM] |
| CERTIFIED INDEX TO RECORD [2173871] filed by EPA and Lee M. Zeldin in 26-1070, 26-1072 [Service Date: 05/18/2026 ] [26-1070, 26-1072] (Shea, Sonya) [Entered: 05/18/2026 02:48 PM] |
| AMICUS FOR RESPONDENT BRIEF [2173302] lodged by Government Accountability & Oversight [Service Date: 05/14/2026 ] Length of Brief: 5510. [26-1070, 26-1072]--[MODIFIED EVENT FROM FILED TO LODGED--Edited 05/14/2026 by LMM] (Hardin, Matthew) [Entered: 05/14/2026 09:52 AM] |
| MOTION [2173300] to participate as amicus curiae [Disclosure Listing: Attached] filed by Government Accountability & Oversight [Service Date: 05/14/2026 ] [26-1070, 26-1072]--[Edited 05/14/2026 by LMM] (Hardin, Matthew) [Entered: 05/14/2026 09:50 AM] |
| UNDERLYING DECISION IN CASE [2171534] submitted by State of Illinois in 26-1072 [Service Date: 05/01/2026 ] [26-1072, 26-1070] (James, Jason) [Entered: 05/01/2026 06:02 PM] |
| STATEMENT OF ISSUES [2171416] filed by State of Illinois in 26-1072 [Service Date: 05/01/2026 ] [26-1072, 26-1070] (James, Jason) [Entered: 05/01/2026 10:18 AM] |
| ENTRY OF APPEARANCE [2171473] filed by Alice R. Baker on behalf of Petitioner City of New York, New York in 26-1072. [26-1072, 26-1070] (Baker, Alice) [Entered: 05/01/2026 01:29 PM] |
| DOCKETING STATEMENT [2171527] filed by Air Alliance Houston, Alliance of Nurses for Healthy Environments, American Academy of Pediatrics, American Lung Association, American Public Health Association, Chesapeake Climate Action Network, Citizens for Pennsylvania's Future, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, Dakota Resource Council, Downwinders at Risk, Environmental Defense Fund, Environmental Law and Policy Center, Kentucky Resources Council, Montana Environmental Information Center, Natural Resources Council of Maine, Natural Resources Defense Council, Physicians for Social Responsibility and Sierra Club [Service Date: 05/01/2026 ] [26-1070] (Donahue, Sean) [Entered: 05/01/2026 04:25 PM] |
| STATEMENT OF ISSUES [2171529] filed by Air Alliance Houston, Alliance of Nurses for Healthy Environments, American Academy of Pediatrics, American Lung Association, American Public Health Association, Chesapeake Climate Action Network, Citizens for Pennsylvania's Future, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, Dakota Resource Council, Downwinders at Risk, Environmental Defense Fund, Environmental Law and Policy Center, Kentucky Resources Council, Montana Environmental Information Center, Natural Resources Council of Maine, Natural Resources Defense Council, Physicians for Social Responsibility and Sierra Club [Service Date: 05/01/2026 ] [26-1070] (Donahue, Sean) [Entered: 05/01/2026 04:31 PM] |
| UNDERLYING DECISION IN CASE [2171537] submitted by Air Alliance Houston, Alliance of Nurses for Healthy Environments, American Academy of Pediatrics, American Lung Association, American Public Health Association, Chesapeake Climate Action Network, Citizens for Pennsylvania's Future, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, Dakota Resource Council, Downwinders at Risk, Environmental Defense Fund, Environmental Law and Policy Center, Kentucky Resources Council, Montana Environmental Information Center, Natural Resources Council of Maine, Physicians for Social Responsibility, Sierra Club and Natural Resources Defense Council [Service Date: 05/01/2026 ] [26-1070] (Donahue, Sean) [Entered: 05/01/2026 06:27 PM] |
| STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [2171535] filed by State of Illinois in 26-1072 [Service Date: 05/01/2026 ] Intent: AppxDeferred [26-1072, 26-1070] (James, Jason) [Entered: 05/01/2026 06:19 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2171536] filed by State of Illinois in 26-1072 [Service Date: 05/01/2026 ] [26-1072, 26-1070] (James, Jason) [Entered: 05/01/2026 06:20 PM] |
| STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [2171538] filed by Air Alliance Houston, Alliance of Nurses for Healthy Environments, American Academy of Pediatrics, American Lung Association, American Public Health Association, Chesapeake Climate Action Network, Citizens for Pennsylvania's Future, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, Dakota Resource Council, Downwinders at Risk, Environmental Defense Fund, Environmental Law and Policy Center, Kentucky Resources Council, Montana Environmental Information Center, Natural Resources Council of Maine, Natural Resources Defense Council, Physicians for Social Responsibility and Sierra Club [Service Date: 05/01/2026 ] Intent: AppxDeferred [26-1070] (Donahue, Sean) [Entered: 05/01/2026 06:35 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2171539] filed by Air Alliance Houston, Alliance of Nurses for Healthy Environments, American Academy of Pediatrics, American Public Health Association, Chesapeake Climate Action Network, Citizens for Pennsylvania's Future, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, Dakota Resource Council, Downwinders at Risk, Environmental Defense Fund, Environmental Law and Policy Center, Kentucky Resources Council, Montana Environmental Information Center, Natural Resources Council of Maine, Natural Resources Defense Council, Physicians for Social Responsibility, Sierra Club and American Lung Association [Service Date: 05/01/2026 ] [26-1070] (Donahue, Sean) [Entered: 05/01/2026 06:40 PM] |
| DOCKETING STATEMENT [2171413] filed by State of Illinois in 26-1072 [Service Date: 05/01/2026 ] [26-1072, 26-1070] (James, Jason) [Entered: 05/01/2026 10:13 AM] |
| CLERK'S ORDER [2171348] filed extending Clerk order initial submissions for appellant/petitioner [ # 2166533-3 ] PETITIONER procedural motions due 05/18/2026; extending Clerk order initial submissions for appellee/respondent [ # 2166533-4 ] RESPONDENT procedural motions due 05/18/2026 [26-1070, 26-1072] [Entered: 04/30/2026 05:23 PM] |
| ENTRY OF APPEARANCE [2171345] filed by Deborah M Murray on behalf of Petitioners American Academy of Pediatrics, American Lung Association, American Public Health Association and Physicians for Social Responsibility. [26-1070] (Murray, Deborah) [Entered: 04/30/2026 05:14 PM] |
| MOTION [2171145] for leave to intervene [Disclosure Listing: Attached] filed by The Lignite Energy Council and The National Mining Association [Service Date: 04/29/2026 ] [26-1070, 26-1072]--[Edited 05/01/2026 by LMM] (Tseytlin, Misha) [Entered: 04/29/2026 05:02 PM] |
| MOTION [2171070] for leave to intervene [Disclosure Listing: Attached] filed by National Rural Electric Cooperative Association, America's Power, Associated Electric Cooperative, Basin Electric Power Cooperative, Big Rivers Electric Corp., East Kentucky Power Cooperative, Minnkota Power Cooperative, Sunflower Electric Power Corp. [Service Date: 04/29/2026 ] [26-1070, 26-1072]--[Edited 05/01/2026 by LMM] (Williamson, Elizabeth) [Entered: 04/29/2026 02:40 PM] |
| MOTION [2171053] for leave to intervene [Disclosure Listing: Attached] filed by Westmoreland Mining Holdings LLC, Westmoreland Mining LLC, Westmoreland Rosebud Mining LLC [Service Date: 04/29/2026 ] [26-1070, 26-1072]--[Edited 05/01/2026 by LMM] (DeLaquil, Mark) [Entered: 04/29/2026 02:00 PM] |
| ENTRY OF APPEARANCE [2171020] filed by Brinton Lucas and co-counsel S. Matthew Krsacok; Jeffrey D. Ubersax on behalf of Movant-Intervenor for Respondent NACCO Natural Resources Corporation in 26-1070. [26-1070, 26-1072] (Lucas, Brinton) [Entered: 04/29/2026 12:47 PM] |
| ENTRY OF APPEARANCE [2171018] filed by Brinton Lucas and co-counsel S. Matthew Krsacok on behalf of Movant-Intervenor for Respondent NACCO Natural Resources Corporation in 26-1070. [26-1070, 26-1072] (Lucas, Brinton) [Entered: 04/29/2026 12:41 PM] |
| MOTION [2171008] for leave to intervene [Disclosure Listing: Attached] filed by NACCO Natural Resources Corporation [Service Date: 04/29/2026 ] [26-1070, 26-1072]-[Edited 04/29/2026 by LMM] (Lucas, Brinton) [Entered: 04/29/2026 11:55 AM] |
| MOTION [2170994] for leave to intervene [Disclosure Listing: Attached] filed by NorthWestern Energy Group, Inc. [Service Date: 04/29/2026 ] [26-1070, 26-1072] -[Edited 04/29/2026 by LMM] (Jaber, Makram) [Entered: 04/29/2026 11:15 AM] |
| MOTION [2171153] for leave to intervene [Disclosure Listing: Attached] filed by Oak Grove Management Company LLC and Luminant Generation Company LLC [Service Date: 04/29/2026 ] [26-1070, 26-1072]--[Edited 05/01/2026 by LMM] (Moore, C.) [Entered: 04/29/2026 06:20 PM] |
| MOTION [2170787] for leave to intervene [Disclosure Listing: Attached] filed by Midwest Ozone Group [Service Date: 04/28/2026 ] [26-1070, 26-1072]--[Edited 04/28/2026 by LMM] (Beckett, Kathy) [Entered: 04/28/2026 11:48 AM] |
| UNOPPOSED MOTION [2170653] to extend time to file motion to 05/18/2026 filed by Air Alliance Houston, Alliance of Nurses for Healthy Environments, American Academy of Pediatrics, American Lung Association, American Public Health Association, Chesapeake Climate Action Network, Citizens for Pennsylvania's Future, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, Dakota Resource Council, Downwinders at Risk, Environmental Defense Fund, Environmental Law and Policy Center, Kentucky Resources Council, Montana Environmental Information Center, Natural Resources Council of Maine, Natural Resources Defense Council, Physicians for Social Responsibility and Sierra Club in 26-1070 [Service Date: 04/27/2026 ] Length Certification: 679 words. [26-1070, 26-1072] (Donahue, Sean) [Entered: 04/27/2026 06:08 PM] |
| ENTRY OF APPEARANCE [2170431] filed by Brian H. Lynk and co-counsel Chad Hughes on behalf of Petitioners Environmental Law and Policy Center and Dakota Resource Council. [26-1070] (Lynk, Brian) [Entered: 04/24/2026 04:33 PM] |
| MOTION [2170425] for leave to intervene [Disclosure Listing: Attached] filed by Talen Montana, LLC and Talen Energy Supply, LLC [Service Date: 04/24/2026 ] [26-1070, 26-1072]--[Edited 04/27/2026 by LMM] (Frank, Joshua) [Entered: 04/24/2026 04:05 PM] |
| MOTION [2170162] for leave to intervene [Disclosure Listing: Not Applicable to this Party] filed by North Dakota and 20 Other States [Service Date: 04/23/2026 ] [26-1070, 26-1072]--[Edited 04/24/2026 by LMM] (Axt, Philip) [Entered: 04/23/2026 04:20 PM] |
| CERTIFIED COPY [2166507] of Petition for Review sent to respondent [ # 2166505-2 ] [26-1070] [Entered: 04/01/2026 10:44 AM] |
| ENTRY OF APPEARANCE [2166656] filed by Sonya J. Shea on behalf of Respondents Lee M. Zeldin and EPA in 26-1070, 26-1072. [26-1070, 26-1072] (Shea, Sonya) [Entered: 04/01/2026 06:18 PM] |
| CLERK'S ORDER [2166533] filed consolidating cases 26-1072 (Consolidation started 04/01/2026) with 26-1070; directing party to file initial submissions: PETITIONER docketing statement due 05/01/2026. PETITIONER certificate as to parties due 05/01/2026. PETITIONER statement of issues due 05/01/2026. PETITIONER underlying decision due 05/01/2026. PETITIONER deferred appendix statement due 05/01/2026. PETITIONER procedural motions due 05/01/2026. PETITIONER dispositive motions due 05/18/2026; directing party to file initial submissions: RESPONDENT entry of appearance due 05/01/2026. RESPONDENT procedural motions due 05/01/2026. RESPONDENT certified index to record due 05/18/2026. RESPONDENT dispositive motions due 05/18/2026 [26-1070, 26-1072] [Entered: 04/01/2026 11:32 AM] |
| PETITION FOR REVIEW [2166505] of a decision by federal agency filed by Air Alliance Houston, Alliance of Nurses for Healthy Environments, American Academy of Pediatrics, American Lung Association, American Public Health Association, Chesapeake Climate Action Network, Citizens for Pennsylvania's Future, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, Dakota Resource Council, Downwinders at Risk, Environmental Defense Fund, Environmental Law and Policy Center, Kentucky Resources Council, Montana Environmental Information Center, Natural Resources Council of Maine, Natural Resources Defense Council, Physicians for Social Responsibility and Sierra Club [Service Date: 03/30/2026 ] Disclosure Statement: Attached. [26-1070] [Entered: 04/01/2026 10:44 AM] |
| PETITION FOR REVIEW CASE docketed. [26-1070] [Entered: 04/01/2026 10:37 AM] |
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