National Association of Home Builders of the Unit, et al v. DC
| National Association of Home Builders of the United States, Restaurant Law Center, National Apartment Association, Maryland Building Industry Association, Washington Gas Light Company, Philadelphia-Baltimore-Washington Laborers District Council and Teamsters Local 96 |
| District of Columbia |
| United States of America, State of New York, American Gas Association, State of Colorado, State of Connecticut, State of Hawaii, State of Illinois, State of Maryland, Commonwealth of Massachusetts, State of Michigan, State of Minnesota, State of New Jersey, State of New Mexico, State of Oregon, State of Vermont, Montgomery County, Maryland, City of New York, Public Health Law Center, Chesapeake Climate Action Network, Sierra Club, William Boyd, Lincoln L. Davies, Daniel Farber, Sharon B. Jacobs, Alexandra B. Klass, Joshua C. Macey, Heather Payne, Melissa Powers, Jim Rossi, David Spence and Shelley Welton |
| 26-7050 |
| April 20, 2026 |
| U.S. Court of Appeals, D.C. Circuit |
| Other Statutory Actions |
Docket Report
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| TRANSCRIPT [2193645] of oral argument (For Internal Use Only: Transcript is only available to court staff) . [26-7050] [Entered: 09/17/2026 03:40 PM] |
| ORAL ARGUMENT HELD before Judges Pan, Garcia and Randolph. [26-7050] [Entered: 09/08/2026 11:38 AM] |
| FORM 72 submitted by arguing attorney, Charles E.T. Roberts, on behalf of Amicus Curiae for Appellant USA (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [26-7050] (Roberts, Charles) [Entered: 09/01/2026 03:57 PM] |
| FORM 72 submitted by arguing attorney, Bryan Leitch, on behalf of Appellee DC (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [26-7050] (Leitch, Bryan) [Entered: 08/31/2026 07:19 PM] |
| FORM 72 submitted by on behalf of Appellants Maryland Building Industry Association, National Apartment Association, National Association of Home Builders of the United States, Philadelphia-Baltimore-Washington Laborers District Council, Restaurant Law Center, Teamsters Local 96 and Washington Gas Light Company (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [26-7050] (Little, Jonathan) [Entered: 08/31/2026 06:34 PM] |
| PER CURIAM ORDER [2190522] filed granting the unopposed motion of the United States as amicus curiae for leave to participate in oral argument [ # 2181932-2 ], allocating oral argument time as follows: Appellants - 20 Minutes (to be divided with the United States as the parties deem appropriate), Appellee - 20 Minutes; directing party to file Form 72 notice of arguing attorney by 09/01/2026. Before Judges: Pan, Garcia and Randolph. [26-7050] [Entered: 08/28/2026 04:57 PM] |
| RESPONSE [2189377] to letter Rule 28j authorities [ # 2188933-2 ], letter [ # 2188933-3 ] filed by National Association of Home Builders of the United States, Restaurant Law Center, Teamsters Local 96, Washington Gas Light Company, Maryland Building Industry Association, National Apartment Association and Philadelphia-Baltimore-Washington Laborers District Council [Service Date: 08/21/2026 by CM/ECF NDA] Length Certification: 321 words. [26-7050] (Little, Jonathan) [Entered: 08/21/2026 02:39 PM] |
| LETTER [2188933] pursuant to FRAP 28j advising of additional authorities filed by DC [Service Date: 08/19/2026 ] [26-7050] (Leitch, Bryan) [Entered: 08/19/2026 12:39 PM] |
| APPELLANT REPLY BRIEF [2187185] filed by Maryland Building Industry Association, National Apartment Association, National Association of Home Builders of the United States, Philadelphia-Baltimore-Washington Laborers District Council, Restaurant Law Center, Teamsters Local 96 and Washington Gas Light Company [Service Date: 08/07/2026 ] Length of Brief: 6,451 words. [26-7050] (Little, Jonathan) [Entered: 08/07/2026 02:48 PM] |
| LETTER [2186597] pursuant to FRAP 28j advising of additional authorities filed by DC [Service Date: 08/04/2026 ] [26-7050] (Leitch, Bryan) [Entered: 08/04/2026 03:06 PM] |
| ENTRY OF APPEARANCE [2186091] filed by Dustin J. Brockner on behalf of Amici Curiae for Appellee City of New York, Commonwealth of Massachusetts, State of Colorado, State of Connecticut, State of Hawaii, State of Illinois, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Vermont and Montgomery County, Maryland. [26-7050] (Brockner, Dustin) [Entered: 07/31/2026 11:27 AM] |
| CORRECTED AMICUS FOR APPELLANT BRIEF [2185112] filed by Public Health Law Center [Service Date: 07/27/2026 ] Length of Brief: 6,483 words. [26-7050] (Carpenter-Gold, Daniel) [Entered: 07/27/2026 08:44 AM] |
| LETTER [2185102] sent regarding attorney membership to Steven Banks for City of New York, Anthony G. Brown for State of Maryland, Andrea Joy Campbell for Commonwealth of Massachusetts, Charity R. Clark for State of Vermont, Jennifer Davenport for State of New Jersey, Keith Ellison for State of Minnesota, John Markov for Montgomery County, Maryland, Dana Nessel for State of Michigan, Kwame Raoul for State of Illinois, Dan Rayfield for State of Oregon, William Tong for State of Connecticut, Raul Torrez for State of New Mexico and Philip J. Weiser for State of Colorado. Application for Admission due 08/26/2026. [26-7050] [Entered: 07/27/2026 08:08 AM] |
| CORRECTED AMICUS FOR APPELLEE BRIEF [2185128] filed by City of New York, Commonwealth of Massachusetts, State of Colorado, State of Connecticut, State of Hawaii, State of Illinois, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New Mexico, State of New York, State of Oregon, Montgomery County, Maryland and State of Vermont [Service Date: 07/27/2026 ] Length of Brief: 5129. [26-7050] (Brockner, Dustin) [Entered: 07/27/2026 10:12 AM] |
| ENTRY OF APPEARANCE [2185140] filed by Timothy R. Oberleiton on behalf of Amici Curiae for Appellee Chesapeake Climate Action Network and Sierra Club. [26-7050] (Oberleiton, Timothy) [Entered: 07/27/2026 11:00 AM] |
| CONSENT AMICUS FOR APPELLEE BRIEF [2185047] filed by Sierra Club and Chesapeake Climate Action Network [Service Date: 07/24/2026 ] Length of Brief: 3,219 words. [26-7050] (Oberleiton, Timothy) [Entered: 07/24/2026 04:11 PM] |
| AMICUS FOR APPELLEE BRIEF [2185045] lodged by Public Health Law Center [Service Date: 07/24/2026 ] Length of Brief: 6,483 words. [26-7050]--[MODIFIED EVENT FROM FILED TO LODGED--Edited 07/27/2026 by LMM] (Carpenter-Gold, Daniel) [Entered: 07/24/2026 04:06 PM] |
| AMICUS FOR APPELLEE BRIEF [2184974] filed by Energy and Environmental Law Professors [Service Date: 07/24/2026 ] Length of Brief: 4,774 words. [26-7050] (Grab, Denise) [Entered: 07/24/2026 01:48 PM] |
| AMICUS FOR APPELLEE BRIEF [2184972] lodged by NEW YORK; COLORADO; CONNECTICUT; HAWAI'I; ILLINOIS; MARYLAND; MASSACHUSETTS; MICHIGAN; MINNESOTA; NEW JERSEY; NEW MEXICO; OREGON; VERMONT; THE COUNTY OF MONTGOMERY, MARYLAND; AND THE CITY OF NEW YORK [Service Date: 07/24/2026 ] Length of Brief: 5219. [26-7050]]--[MODIFIED EVENT FROM FILED TO LODGED--Edited 07/27/2026 by LMM] (Brockner, Dustin) [Entered: 07/24/2026 01:46 PM] |
| NOTICE [2184969] of intention to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by NEW YORK; COLORADO; CONNECTICUT; HAWAI'I; ILLINOIS; MARYLAND; MASSACHUSETTS; MICHIGAN; MINNESOTA; NEW JERSEY; NEW MEXICO; OREGON; VERMONT; THE COUNTY OF MONTGOMERY, MARYLAND; AND THE CITY OF NEW YORK [Service Date: 07/24/2026 ] [26-7050]--[Edited 07/27/2026 by LMM] (Brockner, Dustin) [Entered: 07/24/2026 01:39 PM] |
| NOTICE [2184966] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Energy and Environmental Law Professors [Service Date: 07/24/2026 ] [26-7050]--[Edited 07/27/2026 by LMM] (Grab, Denise) [Entered: 07/24/2026 01:35 PM] |
| APPELLEE BRIEF [2183862] filed by DC [Service Date: 07/17/2026 ] Length of Brief: 12,590 words.. [26-7050] (Leitch, Bryan) [Entered: 07/17/2026 11:24 PM] |
| UNOPPOSED MOTION [2181932] for Leave to Participate in Oral Argument filed by USA [Service Date: 07/06/2026 ] Length Certification: 263 Words. [26-7050] (Roberts, Charles) [Entered: 07/06/2026 03:47 PM] |
| CLERK'S ORDER [2181051] filed scheduling oral argument on Tuesday, 09/08/2026. [26-7050] [Entered: 06/29/2026 04:54 PM] |
| PER ABOVE ORDER lodged Amicus brief [ # 2178931-2 ] is filed [26-7050] [Entered: 06/26/2026 10:13 AM] |
| CLERK'S ORDER [2180563] filed granting motion of American Gas Association for leave to participate as amicus curiae in support of appellants [ # 2178930-3 ]; The Clerk is directed to file the lodged Amicus brief [ # 2178931-2 ]. [26-7050] [Entered: 06/26/2026 09:59 AM] |
| PER CURIAM ORDER [2179709] filed ORDERED that the following revised briefing schedule will now apply in this case: APPELLEE Brief due 07/17/2026. APPELLANT Reply Brief due 08/07/2026. Before Judges: Millett, Wilkins and Katsas. [26-7050] [Entered: 06/22/2026 11:06 AM] |
| AMICUS FOR APPELLANT BRIEF [2178931] filed by American Gas Association [Service Date: 06/15/2026 ] Length of Brief: The motion to file an amicus curiae brief contains 655 words; The amicus curiae brief contains 2,620 words.. [26-7050] (Murray, Michael) [Entered: 06/15/2026 10:06 PM] |
| MOTION [2178930] to participate as amicus curiae [Disclosure Listing: Attached] filed by American Gas Association [Service Date: 06/16/2026 ] [26-7050]--[Edited 06/16/2026 by LMM] (Murray, Michael) [Entered: 06/15/2026 10:03 PM] |
| AMICUS FOR APPELLANT BRIEF [2178881] filed by United States [Service Date: 06/15/2026 ] Length of Brief: 6,481 Words. [26-7050] (Roberts, Charles) [Entered: 06/15/2026 03:49 PM] |
| RESPONSE IN OPPOSITION [2177833] to motion to extend time [ # 2177558-2 ] filed by Maryland Building Industry Association, National Apartment Association, National Association of Home Builders of the United States, Philadelphia-Baltimore-Washington Laborers District Council, Restaurant Law Center, Teamsters Local 96 and Washington Gas Light Company [Service Date: 06/09/2026 by CM/ECF NDA] Length Certification: 519 words. [26-7050] (Little, Jonathan) [Entered: 06/09/2026 02:23 PM] |
| MOTION [2177558] to extend time to file brief to 08/07/2026 filed by DC (Service Date: 06/08/2026 by CM/ECF NDA) Length Certification: 238 words. [26-7050] (Leitch, Bryan) [Entered: 06/08/2026 04:49 PM] |
| JOINT APPENDIX [2177330] filed by Maryland Building Industry Association, National Apartment Association, National Association of Home Builders of the United States, Philadelphia-Baltimore-Washington Laborers District Council, Restaurant Law Center, Teamsters Local 96 and Washington Gas Light Company [Volumes: 1] [Service Date: 06/08/2026 ] [26-7050] (Little, Jonathan) [Entered: 06/08/2026 11:06 AM] |
| APPELLANT BRIEF [2177326] filed by Maryland Building Industry Association, National Apartment Association, National Association of Home Builders of the United States, Philadelphia-Baltimore-Washington Laborers District Council, Restaurant Law Center, Teamsters Local 96 and Washington Gas Light Company [Service Date: 06/08/2026 ] Length of Brief: 12,992 words. [26-7050] (Little, Jonathan) [Entered: 06/08/2026 11:03 AM] |
| ENTRY OF APPEARANCE [2176850] filed by Daniel Rankin on behalf of Appellants National Association of Home Builders of the United States, Restaurant Law Center, National Apartment Association, Maryland Building Industry Association and Washington Gas Light Company. [26-7050] (Rankin, Daniel) [Entered: 06/04/2026 04:11 PM] |
| PER CURIAM ORDER [2174884] filed ORDERED that the following briefing schedule will apply: APPELLANTS' Brief due 06/08/2026. APPENDIX due 06/08/2026. APPELLEE'S Brief due on 07/08/2026. APPELLANTS' Reply Brief due 07/29/2026 (SEE ORDER FOR MORE DETAILS). Before Judges: Henderson, Pillard and Rao. [26-7050] [Entered: 05/26/2026 10:25 AM] |
| REPLY [2173792] filed by Maryland Building Industry Association, National Apartment Association, National Association of Home Builders of the United States, Philadelphia-Baltimore-Washington Laborers District Council, Restaurant Law Center, Teamsters Local 96 and Washington Gas Light Company to response [ # 2172838-2 ] [Service Date: 05/18/2026 by CM/ECF NDA] Length Certification: 1358 words. [26-7050] (Little, Jonathan) [Entered: 05/18/2026 11:12 AM] |
| ENTRY OF APPEARANCE [2173775] filed by Lauren P. McDermott on behalf of Appellant Teamsters Local 96. [26-7050] (McDermott, Lauren) [Entered: 05/18/2026 10:05 AM] |
| ENTRY OF APPEARANCE [2172835] filed by Bryan J. Leitch and co-counsel Ashwin P. Phatak, Carl J. Schifferle on behalf of Appellee DC. [26-7050] (Leitch, Bryan) [Entered: 05/11/2026 05:55 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2172836] filed by DC [Service Date: 05/11/2026 ] [26-7050] (Leitch, Bryan) [Entered: 05/11/2026 05:57 PM] |
| RESPONSE IN OPPOSITION [2172838] to motion [ # 2171088-2 ] filed by DC [Service Date: 05/11/2026 by CM/ECF NDA] Length Certification: 2506 words. [26-7050] (Leitch, Bryan) [Entered: 05/11/2026 06:02 PM] |
| ENTRY OF APPEARANCE [2172569] filed by Ronald Scott Novak Jr. on behalf of Appellants Maryland Building Industry Association, National Apartment Association, National Association of Home Builders of the United States, Restaurant Law Center and Washington Gas Light Company. [26-7050] (Novak, Ronald) [Entered: 05/08/2026 10:43 PM] |
| ENTRY OF APPEARANCE [2171067] filed by J. Mark Little on behalf of Appellants Maryland Building Industry Association, National Apartment Association, National Association of Home Builders of the United States, Philadelphia-Baltimore-Washington Laborers District Council, Restaurant Law Center, Teamsters Local 96 and Washington Gas Light Companyr. [26-7050]--[Edited 04/30/2026 by AY] (Little, Jonathan) [Entered: 04/29/2026 02:36 PM] |
| ENTRY OF APPEARANCE [2171147] filed by Abigail V. Carter on behalf of Appellant Philadelphia-Baltimore-Washington Laborers District Council. [26-7050] (Carter, Abigail) [Entered: 04/29/2026 05:34 PM] |
| MOTION [2171088] to expedite case filed by Maryland Building Industry Association, National Apartment Association, National Association of Home Builders of the United States, Philadelphia-Baltimore-Washington Laborers District Council, Restaurant Law Center, Teamsters Local 96 and Washington Gas Light Company (Service Date: 04/29/2026 by CM/ECF NDA) Length Certification: 2058 words. [26-7050] (Little, Jonathan) [Entered: 04/29/2026 03:02 PM] |
| DOCKETING STATEMENT [2171081] filed by Maryland Building Industry Association, National Apartment Association, National Association of Home Builders of the United States, Philadelphia-Baltimore-Washington Laborers District Council, Restaurant Law Center, Teamsters Local 96 and Washington Gas Light Company [Service Date: 04/29/2026 ] [26-7050] (Little, Jonathan) [Entered: 04/29/2026 02:48 PM] |
| STATEMENT OF ISSUES [2171079] filed by Maryland Building Industry Association, National Apartment Association, National Association of Home Builders of the United States, Philadelphia-Baltimore-Washington Laborers District Council, Restaurant Law Center, Teamsters Local 96 and Washington Gas Light Company [Service Date: 04/29/2026 ] [26-7050]--[Edited 04/30/2026 by AY] (Little, Jonathan) [Entered: 04/29/2026 02:46 PM] |
| STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [2171077] filed by Maryland Building Industry Association, National Apartment Association, National Association of Home Builders of the United States, Philadelphia-Baltimore-Washington Laborers District Council, Restaurant Law Center, Teamsters Local 96 and Washington Gas Light Company [Service Date: 04/29/2026 ] Intent: AppxNotDeferred [26-7050]--[Edited 04/30/2026 by AY] (Little, Jonathan) [Entered: 04/29/2026 02:45 PM] |
| TRANSCRIPT STATUS REPORT [2171076] filed by Maryland Building Industry Association, National Apartment Association, National Association of Home Builders of the United States, Philadelphia-Baltimore-Washington Laborers District Council, Restaurant Law Center, Teamsters Local 96 and Washington Gas Light Company [Service Date: 04/29/2026 ]. Status of Transcripts: Final - All transcripts needed for the appeal have been completed and received. [26-7050]--[Edited 04/30/2026 by AY] (Little, Jonathan) [Entered: 04/29/2026 02:44 PM] |
| STATEMENT [2171074] with Disclosure Listing filed by Maryland Building Industry Association, National Apartment Association, National Association of Home Builders of the United States, Philadelphia-Baltimore-Washington Laborers District Council, Restaurant Law Center, Teamsters Local 96 and Washington Gas Light Company [Service Date: 04/29/2026 ] [26-7050]--[Edited 04/30/2026 by AY] (Little, Jonathan) [Entered: 04/29/2026 02:43 PM] |
| UNDERLYING DECISION IN CASE [2171071] submitted by Maryland Building Industry Association, National Apartment Association, National Association of Home Builders of the United States, Philadelphia-Baltimore-Washington Laborers District Council, Restaurant Law Center, Teamsters Local 96 and Washington Gas Light Company [Service Date: 04/29/2026 ] [26-7050]--[Edited 04/30/2026 by AY] (Little, Jonathan) [Entered: 04/29/2026 02:41 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2171068] filed by Maryland Building Industry Association, National Apartment Association, National Association of Home Builders of the United States, Philadelphia-Baltimore-Washington Laborers District Council, Restaurant Law Center, Teamsters Local 96 and Washington Gas Light Company [Service Date: 04/29/2026 ] [26-7050]--[Edited 04/30/2026 by AY] (Little, Jonathan) [Entered: 04/29/2026 02:37 PM] |
| NOTICE OF APPEAL [2169357] seeking review of a decision by the U.S. District Court in 1:24-cv-02942-ACR filed by Maryland Building Industry Association, National Apartment Association, National Association of Home Builders of the United States, Philadelphia-Baltimore-Washington Laborers District Council, Restaurant Law Center, Teamsters Local 96 and Washington Gas Light Company. Appeal assigned USCA Case Number: 26-7050. [26-7050] [Entered: 04/20/2026 10:09 AM] |
| CLERK'S ORDER [2169358] filed directing party to file initial submissions: APPELLANT docketing statement due 05/20/2026. APPELLANT certificate as to parties due 05/20/2026. APPELLANT statement of issues due 05/20/2026. APPELLANT underlying decision due 05/20/2026. APPELLANT deferred appendix statement due 05/20/2026. APPELLANT entry of appearance due 05/20/2026. APPELLANT transcript status report due 05/20/2026. APPELLANT procedural motions due 05/20/2026. APPELLANT dispositive motions due 06/04/2026; directing party to file initial submissions: APPELLEE certificate as to parties due 05/20/2026. APPELLEE entry of appearance due 05/20/2026. APPELLEE procedural motions due 05/20/2026. APPELLEE dispositive motions due 06/04/2026 [26-7050] [Entered: 04/20/2026 10:10 AM] |
| PRIVATE CIVIL CASE docketed. [26-7050] [Entered: 04/20/2026 10:08 AM] |
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