Case: Commonwealth of Kentucky v. EPA

PETITION FOR REVIEW CASE docketed. [24-1050] [Entered: 03/06/2024 11:34 AM]

PETITION FOR REVIEW [2043656] of a decision by federal agency filed by Commonwealth of Kentucky, State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Utah, State of West Virginia and State of Wyoming [Service Date: 03/06/2024 ] Disclosure Statement: Not Applicable to this Party. [24-1050] [Entered: 03/06/2024 11:57 AM]

CERTIFIED COPY [2043657] of Petition for Review sent to respondent [2043656-2] [24-1050] [Entered: 03/06/2024 11:58 AM]

CLERK'S ORDER [2043659] filed directing party to file initial submissions: PETITIONER docketing statement due 04/05/2024. PETITIONER certificate as to parties due 04/05/2024. PETITIONER statement of issues due 04/05/2024. PETITIONER underlying decision due 04/05/2024. PETITIONER deferred appendix statement due 04/05/2024. PETITIONER procedural motions due 04/05/2024. PETITIONER dispositive motions due 04/22/2024; directing party to file initial submissions: RESPONDENT entry of appearance due 04/05/2024. RESPONDENT procedural motions due 04/05/2024. RESPONDENT certified index to record due 04/22/2024. RESPONDENT dispositive motions due 04/22/2024 [24-1050] [Entered: 03/06/2024 12:06 PM]

LETTER [2043666] sent regarding attorney membership to Grant Strobl for State of Nebraska. Application for Admission due 04/05/2024. [24-1050] [Entered: 03/06/2024 12:14 PM]

CLERK'S ORDER [2043709] filed consolidating cases 24-1051 (Consolidation started 03/06/2024) with 24-1050; directing party to file in 24-1051 initial submissions: PETITIONER docketing statement due 04/05/2024. PETITIONER statement of issues due 04/05/2024 [24-1050, 24-1051] [Entered: 03/06/2024 02:00 PM]

CLERK'S ORDER [2043725] filed consolidating cases 24-1052 (Consolidation started 03/06/2024) with 24-1050; directing party to file in 24-1052 initial submissions: PETITIONER docketing statement due 04/05/2024. PETITIONER statement of issues due 04/05/2024 [24-1050, 24-1051, 24-1052] [Entered: 03/06/2024 02:36 PM]

ENTRY OF APPEARANCE [2044112] filed by Michael R. Williams and co-counsel Lindsay S. See on behalf of Petitioner State of West Virginia. [24-1050] (Williams, Michael) [Entered: 03/08/2024 01:29 PM]

ENTRY OF APPEARANCE [2044135] filed by Stephen J. Petrany on behalf of Petitioner State of Georgia. [24-1050] (Petrany, Stephen) [Entered: 03/08/2024 02:26 PM]

ENTRY OF APPEARANCE [2044141] filed by J. Benjamin Aguinaga on behalf of Petitioner State of Louisiana. [24-1050] (Aguinaga, Jorge) [Entered: 03/08/2024 02:39 PM]

ENTRY OF APPEARANCE [2044146] filed by Whitney D. Hermandorfer and co-counsel Harrison Gray Kilgore on behalf of Petitioner State of Tennessee in 24-1050. [24-1050, 24-1051, 24-1052] (Kilgore, Harrison) [Entered: 03/08/2024 02:44 PM]

ENTRY OF APPEARANCE [2044166] filed by Justin L. Matheny on behalf of Petitioner State of Mississippi. [24-1050] (Matheny, Justin) [Entered: 03/08/2024 03:08 PM]

ENTRY OF APPEARANCE [2044171] filed by Nicholas J. Bronni and co-counsel Dylan L. Jacobs on behalf of Petitioner State of Arkansas. [24-1050] (Bronni, Nicholas) [Entered: 03/08/2024 03:22 PM]

ENTRY OF APPEARANCE [2044173] filed by T. Elliot Gaiser and co-counsel Mathura J. Sridharan on behalf of Petitioner State of Ohio. [24-1050] (Gaiser, Thomas) [Entered: 03/08/2024 03:32 PM]

ENTRY OF APPEARANCE [2044180] filed by Anthony J. Powell on behalf of Petitioner State of Kansas. [24-1050] (Powell, Anthony) [Entered: 03/08/2024 03:43 PM]

ENTRY OF APPEARANCE [2044181] filed by Joseph D. Spate on behalf of Petitioner State of South Carolina. [24-1050] (Spate, Joseph) [Entered: 03/08/2024 03:48 PM]

ENTRY OF APPEARANCE [2044187] filed by Philip Axt on behalf of Petitioner State of North Dakota. [24-1050] (Axt, Philip) [Entered: 03/08/2024 03:54 PM]

ENTRY OF APPEARANCE [2044209] filed by Matthew F. Kuhn and co-counsel Jacob M. Abrahamson on behalf of Petitioner Commonwealth of Kentucky. [24-1050] (Kuhn, Matthew) [Entered: 03/08/2024 04:19 PM]

ENTRY OF APPEARANCE [2044212] filed by Eric H. Wessan on behalf of Petitioner State of Iowa. [24-1050] (Wessan, Eric) [Entered: 03/08/2024 04:28 PM]

ENTRY OF APPEARANCE [2044213] filed by James A. Barta on behalf of Petitioner State of Indiana. [24-1050] (Barta, James) [Entered: 03/08/2024 04:29 PM]

ENTRY OF APPEARANCE [2044214] filed by Joshua M. Divine on behalf of Petitioner State of Missouri. [24-1050] (Divine, Joshua) [Entered: 03/08/2024 04:31 PM]

ENTRY OF APPEARANCE [2044219] filed by Garry M. Gaskins, II and co-counsel Jennifer J. Lewis on behalf of Petitioner State of Oklahoma in 24-1050. [24-1050, 24-1051, 24-1052] (Gaskins, Garry) [Entered: 03/08/2024 04:52 PM]

ENTRY OF APPEARANCE [2044221] filed by Edmund G. LaCour Jr. on behalf of Petitioner State of Alabama. [24-1050] (LaCour, Edmund) [Entered: 03/08/2024 04:55 PM]

ENTRY OF APPEARANCE [2044245] filed by D. David DeWald on behalf of Petitioner State of Wyoming in 24-1050. [24-1050, 24-1051, 24-1052] (DeWald, D.) [Entered: 03/08/2024 06:29 PM]

ENTRY OF APPEARANCE [2044311] filed by Joshua N. Turner and co-counsel Alan M. Hurst on behalf of Petitioner State of Idaho. [24-1050] (Turner, Joshua) [Entered: 03/11/2024 10:32 AM]

ENTRY OF APPEARANCE [2044322] filed by Grant D. Strobl on behalf of Petitioner State of Nebraska in 24-1050. [24-1050, 24-1051, 24-1052] (Strobl, Grant) [Entered: 03/11/2024 11:11 AM]

ENTRY OF APPEARANCE [2044331] filed by Christopher A. Bates on behalf of Petitioner State of Utah. [24-1050] (Bates, Christopher) [Entered: 03/11/2024 11:49 AM]

ENTRY OF APPEARANCE [2044383] filed by Steven Blair on behalf of Petitioner State of South Dakota. [24-1050] (Blair, Steven) [Entered: 03/11/2024 02:17 PM]

ENTRY OF APPEARANCE [2044385] filed by Sarah A. Buckley on behalf of Respondents EPA and Michael S. Regan in 24-1050, 24-1051, 24-1052. [24-1050, 24-1051, 24-1052] (Buckley, Sarah) [Entered: 03/11/2024 02:22 PM]

ENTRY OF APPEARANCE [2044977] filed by Alexandra L. St. Romain on behalf of Respondents EPA and Michael S. Regan in 24-1050, 24-1051, 24-1052. [24-1050, 24-1051, 24-1052] (St. Romain, Alexandra) [Entered: 03/14/2024 05:51 PM]

ENTRY OF APPEARANCE [2045394] filed by J. Amber Ahmed and co-counsel Clayton Smith on behalf of Petitioners State of Texas and Texas Commission on Environmental Quality in 24-1052. [24-1050, 24-1051, 24-1052] (Ahmed, Jessica) [Entered: 03/18/2024 11:58 AM]

CLERK'S ORDER [2046641] filed consolidating cases 24-1073 (Consolidation started 03/25/2024) with 24-1050; directing party to file in 24-1073 initial submissions: PETITIONER docketing statement due 04/24/2024. PETITIONER statement of issues due 04/24/2024 [24-1050, 24-1051, 24-1052, 24-1073] [Entered: 03/25/2024 02:27 PM]

MOTION [2047121] for leave to intervene [Disclosure Listing: Attached] filed by Natural Resources Defense Council, Northeast Ohio Black Health Coalition, Rio Grande International Study Center, Sierra Club, and Citizens for Pennsylvania's Future and Conservation Law Foundation [Service Date: 03/27/2024 ] [24-1050, 24-1051, 24-1052, 24-1073]--[Edited 04/01/2024 by LMM] (Brown, Marvin) [Entered: 03/27/2024 04:32 PM]

MOTION [2048332] to participate as amicus curiae [Disclosure Listing: Attached] filed by Government Accountability & Oversight [Service Date: 04/05/2024 ] [24-1050, 24-1051, 24-1052, 24-1073]--[Edited 05/07/2024 by LMM] (Hardin, Matthew) [Entered: 04/05/2024 09:11 AM]

ENTRY OF APPEARANCE [2048349] filed by Matthew F. Kuhn and co-counsel Jacob M. Abrahamson, Lindsey R. Keiser on behalf of Petitioner Commonwealth of Kentucky. [24-1050] (Keiser, Lindsey) [Entered: 04/05/2024 10:06 AM]

CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2048401] filed by Commonwealth of Kentucky, State of West Virginia, State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Utah and State of Wyoming [Service Date: 04/05/2024 ] [24-1050] (Abrahamson, Jacob) [Entered: 04/05/2024 11:47 AM]

DOCKETING STATEMENT [2048404] filed by Commonwealth of Kentucky, State of West Virginia, State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Utah and State of Wyoming [Service Date: 04/05/2024 ] [24-1050] (Abrahamson, Jacob) [Entered: 04/05/2024 11:50 AM]

STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [2048406] filed by Commonwealth of Kentucky, State of West Virginia, State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Utah and State of Wyoming [Service Date: 04/05/2024 ] Intent: AppxDeferred [24-1050] (Abrahamson, Jacob) [Entered: 04/05/2024 11:52 AM]

STATEMENT OF ISSUES [2048407] filed by Commonwealth of Kentucky, State of West Virginia, State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Utah and State of Wyoming [Service Date: 04/05/2024 ] [24-1050] (Abrahamson, Jacob) [Entered: 04/05/2024 11:54 AM]

UNDERLYING DECISION IN CASE [2048409] submitted by Commonwealth of Kentucky, State of West Virginia, State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Utah and State of Wyoming [Service Date: 04/05/2024 ] [24-1050] (Abrahamson, Jacob) [Entered: 04/05/2024 11:57 AM]

DOCKETING STATEMENT [2048422] filed by Chamber of Commerce of the United States of America, American Chemistry Council, American Forest & Paper Association, American Petroleum Institute, American Wood Council, National Association of Manufacturers, National Mining Association and Portland Cement Association [Service Date: 04/05/2024 ] [24-1051] (Lin, Elbert) [Entered: 04/05/2024 12:49 PM]

CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2048424] filed by American Chemistry Council, Chamber of Commerce of the United States of America, American Forest & Paper Association, American Petroleum Institute, American Wood Council, National Association of Manufacturers, National Mining Association and Portland Cement Association [Service Date: 04/05/2024 ] [24-1051] (Lin, Elbert) [Entered: 04/05/2024 12:51 PM]

UNDERLYING DECISION IN CASE [2048425] submitted by American Chemistry Council, American Forest & Paper Association, American Petroleum Institute, American Wood Council, Chamber of Commerce of the United States of America, National Association of Manufacturers, National Mining Association and Portland Cement Association [Service Date: 04/05/2024 ] [24-1051] (Lin, Elbert) [Entered: 04/05/2024 12:53 PM]

STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [2048426] filed by American Chemistry Council, American Forest & Paper Association, American Petroleum Institute, American Wood Council, Chamber of Commerce of the United States of America, National Association of Manufacturers, National Mining Association and Portland Cement Association [Service Date: 04/05/2024 ] Intent: AppxDeferred [24-1051] (Lin, Elbert) [Entered: 04/05/2024 12:55 PM]

STATEMENT OF ISSUES [2048427] filed by American Chemistry Council, American Forest & Paper Association, American Petroleum Institute, American Wood Council, Chamber of Commerce of the United States of America, National Association of Manufacturers, National Mining Association and Portland Cement Association [Service Date: 04/05/2024 ] [24-1051] (Lin, Elbert) [Entered: 04/05/2024 12:57 PM]

MOTION [2048433] for leave to intervene [Disclosure Listing: Attached] filed by Alliance of Nurses for Healthy Environments, American Lung Association, and Environmental Defense Fund [Service Date: 04/05/2024 ] [24-1050, 24-1051, 24-1052, 24-1073] (Brown, Marvin) [Entered: 04/05/2024 02:12 PM]

DOCKETING STATEMENT [2048451] filed by State of Texas and Texas Commission on Environmental Quality [Service Date: 04/05/2024 ] [24-1052] (Ahmed, Jessica) [Entered: 04/05/2024 03:13 PM]

STATEMENT OF ISSUES [2048452] filed by State of Texas and Texas Commission on Environmental Quality [Service Date: 04/05/2024 ] [24-1052] (Ahmed, Jessica) [Entered: 04/05/2024 03:14 PM]

STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [2048453] filed by State of Texas and Texas Commission on Environmental Quality [Service Date: 04/05/2024 ] Intent: AppxDeferred [24-1052] (Ahmed, Jessica) [Entered: 04/05/2024 03:15 PM]

CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2048455] filed by State of Texas and Texas Commission on Environmental Quality [Service Date: 04/05/2024 ] [24-1052] (Ahmed, Jessica) [Entered: 04/05/2024 03:16 PM]

MOTION [2048487] for leave to intervene [Disclosure Listing: Not Applicable to this Party] filed by Harris County [Service Date: 04/05/2024 ] [24-1050, 24-1051, 24-1052, 24-1073] (Utley, Sarah) [Entered: 04/05/2024 04:36 PM]

MOTION [2048506] for leave to intervene [Disclosure Listing: Not Applicable to this Party] filed by States of California, Arizona, Connecticut, Illinois, Maryland, Michigan, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington and Wisconsin; Commonwealths of Massachusetts and Pennsylvania; District of Columbia; and City of New York [Service Date: 04/05/2024 ] [24-1050, 24-1051, 24-1052, 24-1073] --[Edited 05/14/2024 by LMM] (Moffat, Corey) [Entered: 04/05/2024 05:53 PM]

AMICUS FOR PETITIONER BRIEF [2053669] filed by Government Accountability & Oversight [Service Date: 04/05/2024 ] Length of Brief: 5,524 words. [24-1050]--[Edited 05/09/2024 by LMM] [Entered: 05/09/2024 02:10 PM]

CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2048881] filed by Arizona Chamber of Commerce and Industry, Warren Petersen and Ben Toma in 24-1073 [Service Date: 04/09/2024 ] [24-1073, 24-1050, 24-1051, 24-1052] (Curtisi, Nathan) [Entered: 04/09/2024 02:59 PM]

DOCKETING STATEMENT [2048882] filed by Arizona Chamber of Commerce and Industry, Warren Petersen and Ben Toma in 24-1073 [Service Date: 04/09/2024 ] [24-1073, 24-1050, 24-1051, 24-1052] (Curtisi, Nathan) [Entered: 04/09/2024 03:08 PM]

UNDERLYING DECISION IN CASE [2048884] submitted by Arizona Chamber of Commerce and Industry, Ben Toma and Warren Petersen in 24-1073 [Service Date: 04/09/2024 ] [24-1073, 24-1050, 24-1051, 24-1052] (Curtisi, Nathan) [Entered: 04/09/2024 03:15 PM]

STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [2048886] filed by Arizona Chamber of Commerce and Industry in 24-1073 [Service Date: 04/09/2024 ] Intent: AppxDeferred [24-1073, 24-1050, 24-1051, 24-1052] (Curtisi, Nathan) [Entered: 04/09/2024 03:27 PM]

STATEMENT OF ISSUES [2048887] filed by Warren Petersen, Ben Toma and Arizona Chamber of Commerce and Industry in 24-1073 [Service Date: 04/09/2024 ] [24-1073, 24-1050, 24-1051, 24-1052] (Curtisi, Nathan) [Entered: 04/09/2024 03:31 PM]

MOTION [2049469] to establish briefing schedule filed by Commonwealth of Kentucky, State of Alabama, State of Alaska, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Utah, State of West Virginia, State of Wyoming and State of Arkansas in 24-1050, American Chemistry Council, American Forest & Paper Association, American Petroleum Institute, American Wood Council, Chamber of Commerce of the United States of America, National Association of Manufacturers, National Mining Association and Portland Cement Association in 24-1051, State of Texas and Texas Commission on Environmental Quality in 24-1052, Arizona Chamber of Commerce and Industry, Warren Petersen and Ben Toma in 24-1073 (Service Date: 04/12/2024 by CM/ECF NDA) Length Certification: 980 Words. [24-1050, 24-1051, 24-1052, 24-1073] (Lin, Elbert) [Entered: 04/12/2024 06:07 PM]

ENTRY OF APPEARANCE [2049882] filed by Jonathan Wiener and co-counsel Stacy Lau on behalf of Movant-Intervenor for Respondent State of California. [24-1050] (Wiener, Jonathan) [Entered: 04/16/2024 03:10 PM]

ENTRY OF APPEARANCE [2050513] filed by Jennifer Seely on behalf of Petitioner State of Alaska. [24-1050] (Seely, Jennifer) [Entered: 04/19/2024 02:28 PM]

CLERK'S ORDER [2050751] filed consolidating cases 24-1091 (Consolidation started 04/22/2024) with 24-1050; directing party to file in 24-1091 initial submissions: PETITIONER docketing statement due 05/22/2024. PETITIONER statement of issues due 05/22/2024 [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] [Entered: 04/22/2024 12:45 PM]

CERTIFIED INDEX TO RECORD [2050767] filed by EPA and Michael S. Regan in 24-1050, 24-1051, 24-1052, 24-1073, 24-1091 [Service Date: 04/22/2024 ] [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] (Buckley, Sarah) [Entered: 04/22/2024 02:24 PM]

ENTRY OF APPEARANCE [2050787] filed by Henry Whitaker and co-counsel James Percival on behalf of Petitioner State of Florida. [24-1050] (Whitaker, Henry) [Entered: 04/22/2024 03:00 PM]

JOINT RESPONSE IN OPPOSITION [2050863] to motion to establish briefing schedule [2049469-2] filed by Alliance of Nurses for Healthy Environments, American Lung Association, Citizens for Pennsylvania's Future, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Conservation Law Foundation, DC, Environmental Defense Fund, Harris County, Texas, Natural Resources Defense Council, Northeast Ohio Black Health Coalition, Rio Grande International Study Center, Sierra Club, State of Arizona, State of California, State of Connecticut, State of Illinois, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and State of Wisconsin in 24-1050 [Service Date: 04/22/2024 by CM/ECF NDA] Length Certification: 1136. [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] (Wiener, Jonathan) [Entered: 04/22/2024 06:40 PM]

NOTICE [2051267] to substitute attorney Melissa A. Holyoak and Christopher Bates substituted by Stanford E. Purser filed by State of Utah [Service Date: 04/24/2024 ] [24-1050] (Purser, Stanford) [Entered: 04/24/2024 06:45 PM]

REPLY [2051857] filed by Commonwealth of Kentucky, State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Utah, State of Wyoming and State of West Virginia in 24-1050, American Chemistry Council, American Petroleum Institute, American Wood Council, Chamber of Commerce of the United States of America, National Association of Manufacturers, National Mining Association, Portland Cement Association and American Forest & Paper Association in 24-1051, State of Texas and Texas Commission on Environmental Quality in 24-1052, Arizona Chamber of Commerce and Industry, Warren Petersen and Ben Toma in 24-1073, Essential Minerals Association in 24-1091 to response [2050863-2] [Service Date: 04/29/2024 by CM/ECF NDA] Length Certification: 428 words. [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] (Lin, Elbert) [Entered: 04/29/2024 04:47 PM]

[ORDER AMENDED BY 5/14/2024 ORDER] CLERK'S ORDER [2053279] filed granting motion for leave to intervene [2048506-2][2048487-2] [2048433-2] [2047121-2] in 24-1050, 24-1051, 24-1052, 24-1073 [24-1050, 24-1051, 24-1052, 24-1073, 24-1091]--[Edited 05/14/2024 by LMM] [Entered: 05/07/2024 03:00 PM]

ENTRY OF APPEARANCE [2053522] filed by Michael F. Strande on behalf of Intervenor for Respondent State of Maryland in 24-1050. [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] (Strande, Michael) [Entered: 05/09/2024 08:08 AM]

NOTICE [2053596] to substitute attorney J. Amber Ahmed substituted by Clayton Smith, to withdraw attorney Jessica Amber Ahmed who represented State of Texas and Texas Commission on Environmental Quality in 24-1052 filed by State of Texas and Texas Commission on Environmental Quality in 24-1052 [Service Date: 05/09/2024 ] [24-1052, 24-1050, 24-1051, 24-1073, 24-1091] (Smith, Jesse) [Entered: 05/09/2024 10:55 AM]

CLERK'S ORDER [2053673] filed granting motion to participate as amicus curiae [2048332-2] in 24-1050, 24-1051, 24-1052, 24-1073 [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] [Entered: 05/09/2024 02:14 PM]

ENTRY OF APPEARANCE [2053988] filed by Sydney J. Sell on behalf of Petitioner Essential Minerals Association in 24-1091. [24-1091, 24-1050, 24-1051, 24-1052, 24-1073] (Sell, Sydney) [Entered: 05/13/2024 10:39 AM]

PER CURIAM ORDER [2054255] filed ORDERED that the following briefing format and schedule will apply in these consolidated cases: PETITIONERS' Opening Briefs due 06/06/2024. RESPONDENTS' Brief due on 08/19/2024. RESPONDENT-INTERVENORS' Briefs due 09/09/2024. PETITIONERS' Reply Briefs due 09/30/2024. DEFERRED APPENDIX due 10/07/2024. Final Briefs due 10/15/2024 (SEE ORDER FOR MORE DETAILS). Before Judges: Wilkins, Childs and Pan. [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] [Entered: 05/14/2024 10:16 AM]

1 Document Sent

View on RECAP

2 Notice Sent

View on PACER

AMENDED CLERK'S ORDER [2054418] filed granting motions for leave to intervene [2048506-2][2048487-2] [2048433-2] [2047121-2] in 24-1050, 24-1051, 24-1052, 24-1073 [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] [Entered: 05/14/2024 03:08 PM]

DOCKETING STATEMENT [2054436] filed by Essential Minerals Association in 24-1091 [Service Date: 05/14/2024 ] [24-1091, 24-1050, 24-1051, 24-1052, 24-1073] (Sell, Sydney) [Entered: 05/14/2024 04:04 PM]

STATEMENT OF ISSUES [2054439] filed by Essential Minerals Association in 24-1091 [Service Date: 05/14/2024 ] [24-1091, 24-1050, 24-1051, 24-1052, 24-1073] (Sell, Sydney) [Entered: 05/14/2024 04:08 PM]

ENTRY OF APPEARANCE [2056073] filed by Clayton Smith and co-counsel Kateland R. Jackson on behalf of Petitioners State of Texas and Texas Commission on Environmental Quality in 24-1052. [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] (Jackson, Kateland) [Entered: 05/23/2024 03:30 PM]

PETITIONER BRIEF [2058290] filed by Commonwealth of Kentucky, State of West Virginia, State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Utah and State of Wyoming in 24-1050, State of Texas and Texas Commission on Environmental Quality in 24-1052 [Service Date: 06/06/2024 ] Length of Brief: 9,740 Words. [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] (Abrahamson, Jacob) [Entered: 06/06/2024 05:04 PM]

PETITIONER BRIEF [2058303] filed by American Chemistry Council, American Forest & Paper Association, American Petroleum Institute, American Wood Council, Chamber of Commerce of the United States of America, National Association of Manufacturers, National Mining Association and Portland Cement Association in 24-1051, Arizona Chamber of Commerce and Industry, Warren Petersen and Ben Toma in 24-1073, Essential Minerals Association in 24-1091 [Service Date: 06/06/2024 ] Length of Brief: 9,745 words. [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] (Lin, Elbert) [Entered: 06/06/2024 08:02 PM]

1 Petitioner Brief Filed

View on RECAP

2 Addendum of statutes, regulations, and standing declarations

View on PACER

MOTION [2059323] to participate as amicus curiae [Disclosure Listing: Attached] filed by Midwest Ozone Group [Service Date: 06/12/2024 ] [24-1050, 24-1051, 24-1052, 24-1073, 24-1091]--[Edited 06/13/2024 by LMM] (Beckett, Kathy) [Entered: 06/12/2024 12:00 PM]

AMICUS FOR PETITIONER BRIEF [2059326] lodged by Midwest Ozone Group [Service Date: 06/12/2024 ] Length of Brief: 3,946 words. [24-1050, 24-1051, 24-1052, 24-1073, 24-1091]--[MODIFIED EVENT FROM FILED TO LODGED--Edited 06/13/2024 by LMM] (Beckett, Kathy) [Entered: 06/12/2024 12:01 PM]

NOTICE [2060568] to withdraw attorney Lindsay S. See who represented State of West Virginia in 24-1050 filed by State of West Virginia [Service Date: 06/18/2024 ] [24-1050] (See, Lindsay) [Entered: 06/18/2024 04:11 PM]

CLERK'S ORDER [2061763] filed granting the motion of the Midwest Ozone Group for leave to participate as amicus curiae in support of petitioners [2059323-2]; The Clerk is directed to file the lodged brief amicus curiae [2059326-2] [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] [Entered: 06/26/2024 02:26 PM]

PER ABOVE ORDER lodged Amicus brief [2059326-2] is filed [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] [Entered: 06/26/2024 02:33 PM]

RESPONDENT BRIEF [2070774] filed by EPA and Michael S. Regan in 24-1050, 24-1051, 24-1052, 24-1073, 24-1091 [Service Date: 08/19/2024 ] Length of Brief: 19,356 words. [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] (Buckley, Sarah) [Entered: 08/19/2024 04:46 PM]

NOTICE [2071350] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by WE ACT for Environmental Justice, Greater-Birmingham Alliance to Stop Pollution, West End Revitalization Association, South Bronx Unite, and Community Health Aligning Revitalization, Resistance & Sustainability [Service Date: 08/22/2024 ] [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] [Edited 08/22/2024 by EKC] (Powell, Keri) [Entered: 08/22/2024 10:48 AM]

NOTICE [2071750] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by National Parks Conservation Association [Service Date: 08/26/2024 ] [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] [Edited 08/26/2024 by EKC] (Hubertz, Elizabeth) [Entered: 08/26/2024 01:54 PM]

AMICUS FOR RESPONDENT BRIEF [2071756] lodged by National Parks Conservation Association [Service Date: 08/26/2024 ] Length of Brief: 6480. [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] [Edited 08/26/2024 by EKC--MODIFIED EVENT FROM FILED TO LODGED] (Hubertz, Elizabeth) [Entered: 08/26/2024 02:02 PM]

AMICUS FOR RESPONDENT BRIEF [2071766] filed by Greater Birmingham Alliance to Stop Pollution, South Bronx Unite, WE ACT for Environmental Justice, West End Revitalization Association and Community Health Aligning Revitalization, Resistance & Sustainability in 24-1050 [Service Date: 08/26/2024 ] Length of Brief: 5,122 words. [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] (Powell, Keri) [Entered: 08/26/2024 02:22 PM]

CORRECTED AMICUS FOR RESPONDENT BRIEF [2071785] lodged by National Parks Conservation Association [Service Date: 08/26/2024 ] Length of Brief: 6480. [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] [Edited 08/27/2024 by EKC--MODIFIED EVENT FROM FILED TO LODGED] (Hubertz, Elizabeth) [Entered: 08/26/2024 03:23 PM]

AMICUS FOR RESPONDENT BRIEF [2071788] filed by Environmental Protection Network [Service Date: 08/26/2024 ] Length of Brief: 4,842 words. [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] (Curran, Rachael) [Entered: 08/26/2024 03:30 PM]

CORRECTED AMICUS FOR RESPONDENT BRIEF [2071840] filed by National Parks Conservation Association in 24-1050 [Service Date: 08/26/2024 ] Length of Brief: 6480. [24-1050, 24-1051, 24-1052, 24-1091]--[Edited 08/27/2024 by EKC] (Hubertz, Elizabeth) [Entered: 08/26/2024 05:01 PM]

AMICUS FOR RESPONDENT BRIEF [2071857] filed by Institute for Policy Integrity at New York University School of Law [Service Date: 08/26/2024 ] Length of Brief: 4027 words. [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] (Schwartz, Jason) [Entered: 08/26/2024 08:18 PM]

INTERVENOR FOR RESPONDENT BRIEF [2073961] filed by State of California, State of Arizona, State of Connecticut, State of Illinois, State of Maryland, City of New York, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, DC, Harris County, Texas, State of Michigan, State of Minnesota, State of New Jersey, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and State of Wisconsin [Service Date: 09/09/2024 ] Length of Brief: 5,339 words. [24-1050] (Wiener, Jonathan) [Entered: 09/09/2024 09:18 PM]

SEPARATE STATUTORY ADDENDUM [2073962] to Intervenor brief [2073961-2] filed by City of New York, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, DC, Harris County, Texas, State of Arizona, State of California, State of Connecticut, State of Illinois, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and State of Wisconsin [Service Date:09/09/2024 ] [24-1050] (Wiener, Jonathan) [Entered: 09/09/2024 09:24 PM]

INTERVENOR FOR RESPONDENT BRIEF [2073964] filed by Alliance of Nurses for Healthy Environments, American Lung Association, Citizens for Pennsylvania's Future, Conservation Law Foundation, Environmental Defense Fund, Northeast Ohio Black Health Coalition, Natural Resources Defense Council, Rio Grande International Study Center and Sierra Club in 24-1050 [Service Date: 09/09/2024 ] Length of Brief: 6,341 words.. [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] (Johnson, Seth) [Entered: 09/09/2024 10:34 PM]

SEPARATE STATUTORY ADDENDUM [2073965] to Intervenor brief [2073964-2] filed by Alliance of Nurses for Healthy Environments, American Lung Association, Citizens for Pennsylvania's Future, Conservation Law Foundation, Environmental Defense Fund, Northeast Ohio Black Health Coalition, Natural Resources Defense Council, Rio Grande International Study Center and Sierra Club in 24-1050 [Service Date:09/09/2024 ] [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] (Johnson, Seth) [Entered: 09/09/2024 10:47 PM]

NOTICE [2074285] to withdraw attorney Joshua N Turner who represented State of Idaho in 24-1050 filed by State of Idaho [Service Date: 09/11/2024 ] [24-1050] (Turner, Joshua) [Entered: 09/11/2024 04:11 PM]

NOTICE [2074315] to substitute attorney Caroline E. Cress substituted by Jennifer Slocum and Christopher H. Reitz filed by State of Washington in 24-1050 [Service Date: 09/11/2024 ] [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] (Cress, Caroline) [Entered: 09/11/2024 07:14 PM]

NOTICE [2076846] to withdraw attorney Cody Doig who represented State of Alaska in 24-1050 filed by State of Alaska in 24-1050 [Service Date: 09/25/2024 ] [24-1050, 24-1051, 24-1052, 24-1073, 24-1091] (Doig, Cody) [Entered: 09/25/2024 06:07 PM]