Case: Air Alliance Houston v. Trump

Donald Trump

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11752866) filed by DOWNWINDERS AT RISK, CITIZENS FOR PENNSYLVANIAS FUTURE, ENVIRONMENTAL DEFENSE FUND, ENVIRONMENTAL LAW & POLICY CENTER, CENTER FOR BIOLOGICAL DIVERSITY, ENVIRONMENTAL INTEGRITY PROJECT, AIR ALLIANCE HOUSTON, CLEAN AIR COUNCIL, MONTANA ENVIRONMENTAL INFORMATION CENTER, DAKOTA RESOURCE COUNCIL. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Summons Attorney General Pam Bondi, # 10 Summons Donald Trump, # 11 Summons U.S. Attorney for the District of Columbia, # 12 Summons Lee Zeldin)(Morales, Nicholas) (Entered: 06/12/2025)

1 Civil Cover Sheet

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Summons Attorney General Pam Bondi

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10 Summons Donald Trump

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11 Summons U.S. Attorney for the District of Columbia

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12 Summons Lee Zeldin

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LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AIR ALLIANCE HOUSTON, CENTER FOR BIOLOGICAL DIVERSITY, CITIZENS FOR PENNSYLVANIAS FUTURE, CLEAN AIR COUNCIL, DAKOTA RESOURCE COUNCIL, DOWNWINDERS AT RISK, ENVIRONMENTAL DEFENSE FUND, ENVIRONMENTAL INTEGRITY PROJECT, ENVIRONMENTAL LAW & POLICY CENTER, MONTANA ENVIRONMENTAL INFORMATION CENTER, NATURAL RESOURCES DEFENSE COUNCIL, SIERRA CLUB (Attachments: # 1 Rule 26.1 Certificate of Disclosure, # 2 Rule 26.1 Certificate of Disclosure, # 3 Rule 26.1 Certificate of Disclosure, # 4 Rule 26.1 Certificate of Disclosure, # 5 Rule 26.1 Certificate of Disclosure, # 6 Rule 26.1 Certificate of Disclosure, # 7 Rule 26.1 Certificate of Disclosure, # 8 Rule 26.1 Certificate of Disclosure, # 9 Rule 26.1 Certificate of Disclosure, # 10 Rule 26.1 Certificate of Disclosure, # 11 Rule 26.1 Certificate of Disclosure)(Morales, Nicholas) (Entered: 06/12/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sarah Buckley, Filing fee $ 100, receipt number ADCDC-11753437. Fee Status: Fee Paid. by NATURAL RESOURCES DEFENSE COUNCIL. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Morales, Nicholas) (Entered: 06/12/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brian H. Lynk, Filing fee $ 100, receipt number ADCDC-11753484. Fee Status: Fee Paid. by DAKOTA RESOURCE COUNCIL, ENVIRONMENTAL LAW & POLICY CENTER. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Morales, Nicholas) (Entered: 06/12/2025)

SUMMONS (4) Issued Electronically as to DONALD TRUMP, LEE ZELDIN, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 06/16/2025)

Notice of Error- New Case

Case Assigned/Reassigned

Case Assigned to Judge Paul L. Friedman. (znmw)

ENTERED IN ERROR....NOTICE OF NEW CASE ERROR regarding 1 Complaint,,. The following error(s) need correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit summons for EPA using the event Request for Summons to Issue. (znmw) Modified on 6/17/2025; Plaintiff has submitted Summons (zdp).

REQUEST FOR SUMMONS TO ISSUE to U.S. Environmental Protection Agency filed by NATURAL RESOURCES DEFENSE COUNCIL, DOWNWINDERS AT RISK, CITIZENS FOR PENNSYLVANIAS FUTURE, ENVIRONMENTAL DEFENSE FUND, SIERRA CLUB, ENVIRONMENTAL LAW & POLICY CENTER, CENTER FOR BIOLOGICAL DIVERSITY, ENVIRONMENTAL INTEGRITY PROJECT, AIR ALLIANCE HOUSTON, CLEAN AIR COUNCIL, MONTANA ENVIRONMENTAL INFORMATION CENTER, DAKOTA RESOURCE COUNCIL. Related document: 1 Complaint,, filed by ENVIRONMENTAL INTEGRITY PROJECT, DOWNWINDERS AT RISK, AIR ALLIANCE HOUSTON, CITIZENS FOR PENNSYLVANIAS FUTURE, DAKOTA RESOURCE COUNCIL, ENVIRONMENTAL LAW & POLICY CENTER, CLEAN AIR COUNCIL, CENTER FOR BIOLOGICAL DIVERSITY, ENVIRONMENTAL DEFENSE FUND, MONTANA ENVIRONMENTAL INFORMATION CENTER.(Morales, Nicholas) (Entered: 06/17/2025)

NOTICE of Appearance by Katherine K. Desormeau on behalf of NATURAL RESOURCES DEFENSE COUNCIL (Desormeau, Katherine) (Entered: 06/17/2025)

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER granting 4 Motion for Leave to Appear Pro Hac Vice Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Paul L. Friedman on June 17, 2025. (lcjd) Modified on 6/20/2025 to correct docket text(zjm).

NOTICE of Appearance by Brian Hamilton Lynk on behalf of DAKOTA RESOURCE COUNCIL, ENVIRONMENTAL LAW & POLICY CENTER (Lynk, Brian) (Entered: 06/18/2025)

SUMMONS (1) Issued Electronically as to U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Notice and Consent)(zjm) (Entered: 06/20/2025)

NOTICE of Appearance by Shaun A Goho on behalf of CITIZENS FOR PENNSYLVANIAS FUTURE (Goho, Shaun) (Entered: 06/20/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/17/2025. Answer due for ALL FEDERAL DEFENDANTS by 8/16/2025. (Morales, Nicholas) (Entered: 06/23/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/20/25. (Morales, Nicholas) (Entered: 06/23/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LEE M. ZELDIN served on 6/18/2025 (Morales, Nicholas) (Entered: 06/23/2025)

ERRATA by AIR ALLIANCE HOUSTON, CLEAN AIR COUNCIL, DOWNWINDERS AT RISK, MONTANA ENVIRONMENTAL INFORMATION CENTER, SIERRA CLUB re 3 Motion for Leave to Appear Pro Hac Vice,. (Attachments: # 1 Declaration)(Morales, Nicholas) (Entered: 06/23/2025)

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER granting 3 Motion for Leave to Appear Pro Hac Vice Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Paul L. Friedman on June 25, 2025. (lcjd)

NOTICE of Appearance by Ryan Maher on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Maher, Ryan) (Main Document 15 replaced on 6/30/2025) (zjm). (Entered: 06/26/2025)

NOTICE of Appearance by Sarah A. Buckley on behalf of NATURAL RESOURCES DEFENSE COUNCIL (Buckley, Sarah) (Entered: 06/26/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD TRUMP served on 7/1/2025 (Morales, Nicholas) (Entered: 07/01/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ENVIRONMENTAL PROTECTION AGENCY served on 6/23/2025 (Morales, Nicholas) (Entered: 07/02/2025)

ENTERED IN ERROR.....NOTICE of Appearance by Richard Yates, III on behalf of ENVIRONMENTAL DEFENSE FUND (Yates, Richard) Modified on 7/15/2025 (zjm). (Entered: 07/14/2025)

NOTICE of Appearance by Surbhi Sarang on behalf of ENVIRONMENTAL DEFENSE FUND (Sarang, Surbhi) (Entered: 07/15/2025)

NOTICE of Appearance by Richard Yates, III on behalf of ENVIRONMENTAL DEFENSE FUND (Yates, Richard) (Entered: 07/15/2025)

Notice of Error

NOTICE OF ERROR regarding 19 Notice of Appearance. The following error(s) need correction: Missing attorney signature- signature on document must match PACER login. Also, form filed as fillable PDF. Please file form in a non-fillable PDF format. Please refile. (zjm)

NOTICE of Appearance by Laura Jane Brown on behalf of All Defendants (Brown, Laura) (Entered: 07/23/2025)

NOTICE of Appearance by Zoe Palenik on behalf of All Defendants (Palenik, Zoe) (Entered: 07/23/2025)

Consent MOTION for Extension of Time to File Answer or Responsive Pleading by DONALD TRUMP, U.S. ENVIRONMENTAL PROTECTION AGENCY, LEE M. ZELDIN. (Attachments: # 1 Text of Proposed Order)(Brown, Laura) (Entered: 07/25/2025)

1 Text of Proposed Order

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Order on Motion for Extension of Time to Answer

MINUTE ORDER: Upon consideration of defendants' 24 Consent Motion to Extend Time to File a Responsive Pleading, defendants' motion is GRANTED. Defendants shall respond to the complaint on or before September 5, 2025. Signed by Judge Paul L. Friedman on July 28, 2025. (lcjd)

NOTICE of Appearance by Sean H. Donahue on behalf of ENVIRONMENTAL DEFENSE FUND (Donahue, Sean) (Entered: 07/29/2025)

MOTION to Hold in Abeyance or alternatively, MOTION for Extension of Time to File Answer by DONALD TRUMP, U.S. ENVIRONMENTAL PROTECTION AGENCY, LEE M. ZELDIN. (Attachments: # 1 Text of Proposed Order)(Brown, Laura) (Entered: 08/05/2025)

ENTERED IN ERROR.....NOTICE of Appearance by Abel J. Russ on behalf of ENVIRONMENTAL INTEGRITY PROJECT (Russ, Abel) Modified on 8/6/2025; refiled as docket entry 28 (znmw). (Entered: 08/06/2025)

NOTICE of Appearance by Abel J. Russ on behalf of ENVIRONMENTAL INTEGRITY PROJECT (Russ, Abel) (Entered: 08/06/2025)

Unopposed MOTION to Intervene and to Defer Filing Pleading by TALEN MONTANA, LLC. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Text of Proposed Order, # 5 Rule 26.1 Certificate of Disclosure)(Frank, Joshua) (Entered: 08/08/2025)

1 Memorandum in Support

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2 Exhibit 1

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3 Exhibit 2

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4 Text of Proposed Order

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5 Rule 26.1 Certificate of Disclosure

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NOTICE of Appearance by Joshua B. Frank on behalf of TALEN MONTANA, LLC (Frank, Joshua) (Entered: 08/08/2025)

MOTION for Leave to File Supplemental Complaint by AIR ALLIANCE HOUSTON, CENTER FOR BIOLOGICAL DIVERSITY, CITIZENS FOR PENNSYLVANIAS FUTURE, CLEAN AIR COUNCIL, DAKOTA RESOURCE COUNCIL, DOWNWINDERS AT RISK, ENVIRONMENTAL DEFENSE FUND, ENVIRONMENTAL INTEGRITY PROJECT, ENVIRONMENTAL LAW & POLICY CENTER, MONTANA ENVIRONMENTAL INFORMATION CENTER, NATURAL RESOURCES DEFENSE COUNCIL, SIERRA CLUB. (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 1A, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Text of Proposed Order)(Morales, Nicholas) (Entered: 08/08/2025)

RESPONSE re 31 MOTION for Leave to File Supplemental Complaint filed by DONALD TRUMP, U.S. ENVIRONMENTAL PROTECTION AGENCY, LEE M. ZELDIN. (Brown, Laura) (Entered: 08/08/2025)

ORDER granting plaintiffs' 31 Motion for Leave to File Supplemental Complaint. See Order for details. Signed by Judge Paul L. Friedman on August 12, 2025. (lcjd) (Entered: 08/12/2025)

Memorandum in opposition to re 26 MOTION to Hold in Abeyance or alternatively MOTION for Extension of Time to File Answer filed by AIR ALLIANCE HOUSTON, CENTER FOR BIOLOGICAL DIVERSITY, CITIZENS FOR PENNSYLVANIAS FUTURE, CLEAN AIR COUNCIL, DAKOTA RESOURCE COUNCIL, DOWNWINDERS AT RISK, ENVIRONMENTAL DEFENSE FUND, ENVIRONMENTAL INTEGRITY PROJECT, ENVIRONMENTAL LAW & POLICY CENTER, MONTANA ENVIRONMENTAL INFORMATION CENTER, NATURAL RESOURCES DEFENSE COUNCIL, SIERRA CLUB. (Attachments: # 1 Exhibit Ex. 1-9)(Buckley, Sarah) (Entered: 08/19/2025)

REPLY to opposition to motion re 26 Motion to Hold in Abeyance, Motion for Extension of Time to File Answer filed by DONALD TRUMP, U.S. ENVIRONMENTAL PROTECTION AGENCY, LEE M. ZELDIN. (Brown, Laura) (Entered: 08/26/2025)

NOTICE of Appearance by Sanghyun Lee on behalf of ENVIRONMENTAL INTEGRITY PROJECT (Lee, Sanghyun) (Entered: 08/29/2025)

Order on Motion to Intervene

Order on Motion to Hold in Abeyance

Set/Reset Deadlines

MINUTE ORDER: Upon consideration of the 29 Unopposed Motion to Intervene and to Defer Filing Pleading filed by Talen Montana, LLC ("Talen Montana"), the relevant briefing and legal authorities, and other submissions before this Court, the Court hereby GRANTS Talen Montana's 29 Unopposed Motion to Intervene. It is ORDERED that Talen Montana shall file its pleading by the third business day following defendants' deadline to file an answer or other responsive pleading. Signed by Judge Paul L. Friedman on September 3, 2025. (ATM)

MINUTE ORDER granting defendants' 26 Motion to Hold in Abeyance. In the interest of judicial economy, this case shall be held in abeyance until March 3, 2026. The parties shall file a joint status report on or before March 17, 2026, proposing a joint briefing schedule for any remaining issues. Signed by Judge Paul L. Friedman on September 3, 2025. (lcao)

Set/Reset Deadlines: Status Report due by 3/17/2026 (tj)

MOTION for Reconsideration re Order on Motion to Hold in Abeyance, by AIR ALLIANCE HOUSTON, CENTER FOR BIOLOGICAL DIVERSITY, CITIZENS FOR PENNSYLVANIAS FUTURE, CLEAN AIR COUNCIL, DAKOTA RESOURCE COUNCIL, DOWNWINDERS AT RISK, ENVIRONMENTAL DEFENSE FUND, ENVIRONMENTAL INTEGRITY PROJECT, ENVIRONMENTAL LAW & POLICY CENTER, MONTANA ENVIRONMENTAL INFORMATION CENTER, NATURAL RESOURCES DEFENSE COUNCIL, SIERRA CLUB. (Attachments: # 1 Declaration of Surbhi Sarang, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Text of Proposed Order)(Morales, Nicholas) (Entered: 10/24/2025)

Set/Reset Deadlines

.Order

MINUTE ORDER directing defense counsel and intervenor-defendant Talen Montana, LLC to respond to plaintiffs' 37 Motion for Reconsideration of Order Granting Abeyance. Defense counsel and intervenor-defendant Talen Montana, LLC are ordered to file their responses before 12:00 p.m. on October 29, 2025. Signed by Judge Paul L. Friedman on October 24, 2025.(ATM)

Set/Reset Deadlines: Defense counsel and intervenor-defendant Responses due before 12:00 p.m. on 10/29/2025. (mhp)

MOTION to Stay Respond to Motion for Reconsideration by DONALD TRUMP, U.S. ENVIRONMENTAL PROTECTION AGENCY, LEE M. ZELDIN. (Attachments: # 1 Text of Proposed Order)(Brown, Laura) Modified on 10/28/2025 to correct relief/ docket text (zjm). (Entered: 10/27/2025)

MOTION for Extension of Time to File Response/Reply to Motion for Reconsideration by TALEN MONTANA, LLC. (Attachments: # 1 Text of Proposed Order)(Frank, Joshua) (Entered: 10/27/2025)

RESPONSE re 38 MOTION for Extension of Time to Respond to Motion for Reconsideration, 39 MOTION for Extension of Time to File Response/Reply to Motion for Reconsideration filed by AIR ALLIANCE HOUSTON, CENTER FOR BIOLOGICAL DIVERSITY, CITIZENS FOR PENNSYLVANIAS FUTURE, CLEAN AIR COUNCIL, DAKOTA RESOURCE COUNCIL, DOWNWINDERS AT RISK, ENVIRONMENTAL DEFENSE FUND, ENVIRONMENTAL INTEGRITY PROJECT, ENVIRONMENTAL LAW & POLICY CENTER, MONTANA ENVIRONMENTAL INFORMATION CENTER, NATURAL RESOURCES DEFENSE COUNCIL, SIERRA CLUB. (Morales, Nicholas) (Entered: 10/27/2025)

RESPONSE re 37 MOTION for Reconsideration re Order on Motion to Hold in Abeyance, filed by DONALD TRUMP, U.S. ENVIRONMENTAL PROTECTION AGENCY, LEE M. ZELDIN. (Brown, Laura) (Entered: 10/29/2025)

RESPONSE re 37 MOTION for Reconsideration re Order on Motion to Hold in Abeyance, filed by TALEN MONTANA, LLC. (Frank, Joshua) (Entered: 10/29/2025)

AMICUS BRIEF IN SUPPORT OF PLAINTIFFS MOTION FOR RECONSIDERATION OF ORDER GRANTING ABEYANCE by MINNESOTA, STATE OF, CONNECTICUT, STATE OF, STATE OF DELAWARE, MAINE, STATE OF, MARYLAND, STATE OF, COMMONWEALTH OF MASSACHUSETTS, NEW JERSEY, STATE OF, NEW MEXICO, STATE OF, NEW YORK, STATE OF, OREGON, RHODE ISLAND, VERMONT. (Rios-Keating, Catherine) (Entered: 10/29/2025)

ERRATA TO CORRECT CAPTION by COMMONWEALTH OF MASSACHUSETTS, CONNECTICUT, STATE OF, STATE OF DELAWARE, MAINE, STATE OF, MARYLAND, STATE OF, MINNESOTA, STATE OF, NEW JERSEY, STATE OF, NEW MEXICO, STATE OF, NEW YORK, STATE OF, OREGON, RHODE ISLAND, VERMONT re 43 Amicus Brief,. (Rios-Keating, Catherine) (Entered: 10/30/2025)

REPLY to opposition to motion re 37 Motion for Reconsideration,, filed by AIR ALLIANCE HOUSTON, CENTER FOR BIOLOGICAL DIVERSITY, CITIZENS FOR PENNSYLVANIAS FUTURE, CLEAN AIR COUNCIL, DAKOTA RESOURCE COUNCIL, ENVIRONMENTAL DEFENSE FUND, ENVIRONMENTAL INTEGRITY PROJECT, ENVIRONMENTAL LAW & POLICY CENTER, MONTANA ENVIRONMENTAL INFORMATION CENTER, NATURAL RESOURCES DEFENSE COUNCIL, SIERRA CLUB. (Morales, Nicholas) (Entered: 10/31/2025)

Order on Motion for Reconsideration

MINUTE ORDER: Plaintiffs' 37 Motion for Reconsideration is hereby DENIED. In light of defendants' representation that the EPA expects to finalize action on the proposal to repeal the 2024 MATS Rule by the end of the year, see defendants' 41 Response in opposition, it is hereby ORDERED that defendants shall file a status report on or before December 30, 2025 informing the Court of the status of the EPA's action on the proposal. Signed by Judge Paul L. Friedman on 11/05/2025. (lczl)

Order on Motion to Stay

Defendants' 38 Motion to Stay Deadlines is DENIED as moot, and intervenor-defendant's 39 Motion for Extension of Time is DENIED as moot. Signed by Judge Paul L. Friedman on 11/05/2025. (lczl)

MINUTE ORDER: denying as moot both defendants' 38 Motion to Stay Deadlines, and intervenor-defendant's 39 Motion for Extension of Time. (So Ordered Judge Paul L. Friedman on 11/05/2025). (lczl)

Set/Reset Deadlines

Set/Reset Deadlines: Status Report due by 12/30/2025 (tj)

Notice of Withdrawal of Appearance