Case: Denka Performance Elastomer LLC v. EPA

Denka Performance Elastomer v. Untied States Environmental Protection Agency

PETITION FOR REVIEW [2054934] of a decision by federal agency filed by Denka Performance Elastomer LLC [Service Date: 05/16/2024 ] Disclosure Statement: Attached. [24-1135] [Entered: 05/16/2024 04:20 PM]

CERTIFIED COPY [2054936] of Petition for Review sent to respondent [2054934-2] [24-1135] [Entered: 05/16/2024 04:29 PM]

CLERK'S ORDER [2054938] filed directing party to file initial submissions: PETITIONER docketing statement due 06/17/2024. PETITIONER certificate as to parties due 06/17/2024. PETITIONER statement of issues due 06/17/2024. PETITIONER underlying decision due 06/17/2024. PETITIONER deferred appendix statement due 06/17/2024. PETITIONER procedural motions due 06/17/2024. PETITIONER dispositive motions due 07/01/2024; directing party to file initial submissions: RESPONDENT entry of appearance due 06/17/2024. RESPONDENT procedural motions due 06/17/2024. RESPONDENT certified index to record due 07/01/2024. RESPONDENT dispositive motions due 07/01/2024 [24-1135] [Entered: 05/16/2024 04:34 PM]

PETITION FOR REVIEW CASE docketed. [24-1135] [Entered: 05/16/2024 04:18 PM]

ENTRY OF APPEARANCE [2055062] filed by Brandon N. Adkins on behalf of Respondents EPA and Michael Regan. [24-1135] (Adkins, Brandon) [Entered: 05/17/2024 01:56 PM]

EMERGENCY MOTION [2056561] to stay underlying order in case filed by Denka Performance Elastomer LLC (Service Date: 05/28/2024 by CM/ECF NDA) Length Certification: 5,198 words. [24-1135] (Super, David) [Entered: 05/28/2024 02:57 PM]

1 Denka Emergency Motion for Stay Pending Review

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2 Exhibit A - Final Rule, 89 FR 42932

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3 Exhibit B (EXCERPTS) - Proposed Rule, 88 Fed. Reg. 25080 (Apr. 25, 2023)

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4 Exhibit C - Letter from EPA to DPE 10.20.2023

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5 Exhibit D - Memorandum ISO of MSJ

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6 Exhibit E - US Opposition to MSJ

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7 Exhibit F - Declaration of Christopher Meyers

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8 Exhibit G - Residual Risk Assessment for the SOCMI

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9 Exhibit H - Declaration of Jeffrey Harrington

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10 Exhibit I - OMB Passback 2

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11 Exhibit J - DPE Comments on Proposed Rule

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12 Exhibit K - NESHAP for Coke Oven Batteries, 70 FR 19992 (April 15, 2005)

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13 Exhibit L - NESHAP for Halogenate Solvent Cleaning, 72 FR 25138 (May 3, 2007)

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14 Exhibit M (EXCERPTS) - NESHAP Sterilization Facilities

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15 Exhibit N - Residual Risk Assessment for Commercial Sterilization Facilities

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16 Exhibit O (EXCERPTS) - MON Rule

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17 Exhibit P - Residual Risk Assessment for MON

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18 Exhibit Q (Table) - Select 2019 AirToxScreen Assessment Results

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19 Exhibit R - OMB Review of Proposed Rule

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20 Exhibit S - Declaration of Michelle Helfrich

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21 Exhibit T - US Responses to Denka Interrogatories First Set

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22 Exhibit U - Declaration of Kenneth Mundt

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23 Exhibit V - April 17, 2024 DPE Request for Stay

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24 Exhibit W - April 30, 2024 EPA Response to DPE

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25 Exhibit X - Reply to EPA Denial of Administrative Stay

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UNOPPOSED MOTION [2057045] to extend time to file response to 06/11/2024 filed by EPA and Michael Regan [Service Date: 05/30/2024 ] Length Certification: 281 words. [24-1135] (Adkins, Brandon) [Entered: 05/30/2024 01:42 PM]

CLERK'S ORDER [2057494] filed granting motion to extend time [2057045-2]; directing response to motion to stay case [2056561-2] Response due on 06/11/2024 [24-1135] [Entered: 06/03/2024 11:43 AM]

RESPONSE IN OPPOSITION [2059123] to motion to stay case [2056561-2] filed by EPA and Michael Regan [Service Date: 06/11/2024 by CM/ECF NDA] Length Certification: 4,817 words. [24-1135] (Adkins, Brandon) [Entered: 06/11/2024 02:49 PM]

MOTION [2059158] for leave to intervene [Disclosure Listing: Attached] filed by Concerned Citizens of St. John, Rise St. James Louisiana, Louisiana Env't Action Network, Texas Env't Justice Advocacy Services, Air Alliance Houston, California Communities Against Toxics, Env't Defense Fund, Env't Integrity Project, Sierra Club [Service Date: 06/11/2024] [24-1135] (Tumeh, Deena) [Entered: 06/11/2024 04:33 PM]

1 Motion for Leave to Intervene Filed

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2 Disclosure Statement

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3 Certificate as to parties, rulings, and related cases

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4 Declarations

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INCORRECT DOCKET ENTRY-DISREGARD--MOTION 2059162 for leave to intervene [Disclosure Listing: Previously Filed] filed by Concerned Citizens of St. John, Rise St. James Louisiana, Louisiana Env't Action Network, Texas Env't Justice Advocacy Services, Air Alliance Houston, California Communities Against Toxics, Env't Defense Fund, Env't Integrity Project, Sierra Club [Service Date: 06/11/2024] [24-1135]--[Edited 06/11/2024 by SHA] (Tumeh, Deena) [Entered: 06/11/2024 04:58 PM]

INCORRECT DOCKET ENTRY-DISREGARD--CORRECTED MOTION 2059166 for leave to intervene [Disclosure Listing: Attached] filed by Concerned Citizens of St. John, Rise St. James Louisiana, Louisiana Env't Action Network, Texas Env't Justice Advocacy Services, Air Alliance Houston, California Communities Against Toxics, Env't Defense Fund, Env't Integrity Project, Sierra Club [Service Date: 06/11/2024] [24-1135]--[Edited 06/11/2024 by SHA] (Tumeh, Deena) [Entered: 06/11/2024 05:19 PM]

INCORRECT DOCKET ENTRY-DISREGARD-- CORRECTED MOTION 2059168 for leave to intervene [Disclosure Listing: Attached] filed by Concerned Citizens of St. John, Rise St. James Louisiana, Louisiana Env't Action Network, Texas Env't Justice Advocacy Services, Air Alliance Houston, California Communities Against Toxics, Env't Defense Fund, Env't Integrity Project, Sierra Club [Service Date: 06/11/2024 ] [24-1135]--[Edited 06/12/2024 by LMF] (Tumeh, Deena) [Entered: 06/11/2024 05:45 PM]

INCORRECT DOCKET ENTRY-DISREGARD--CORRECTED MOTION 2059168 for leave to intervene [Disclosure Listing: Attached] filed by Concerned Citizens of St. John, Rise St. James Louisiana, Louisiana Env't Action Network, Texas Env't Justice Advocacy Services, Air Alliance Houston, California Communities Against Toxics, Env't Defense Fund, Env't Integrity Project, Sierra Club [Service Date: 06/11/2024 ] [24-1135]--[Edited 06/12/2024 by LMF] (Tumeh, Deena) [Entered: 06/11/2024 05:45 PM]

CLERK'S ORDER [2059495] filed granting motion for leave to intervene [2059158-2] [24-1135] [Entered: 06/12/2024 04:08 PM]

UNOPPOSED MOTION [2059509] for leave to file response filed by Air Alliance Houston, California Communities Against Toxics, Concerned Citizens of St. John, Environmental Defense Fund, Environmental Integrity Project, Louisiana Environmental Action Network, Rise St. James Louisiana, Sierra Club and Texas Environmental Justice Advocacy Services [Service Date: 06/12/2024 ] Length Certification: 454 words. [24-1135] (Kron, Adam) [Entered: 06/12/2024 05:04 PM]

RESPONSE IN OPPOSITION [2059510] to motion to stay case [2056561-2] LODGED by Air Alliance Houston, California Communities Against Toxics, Concerned Citizens of St. John, Environmental Defense Fund, Environmental Integrity Project, Louisiana Environmental Action Network, Rise St. James Louisiana, Sierra Club and Texas Environmental Justice Advocacy Services [Service Date: 06/12/2024 by CM/ECF NDA] Length Certification: 5,150 words. [24-1135]--[Edited 06/13/2024 by LMF] (Kron, Adam) [Entered: 06/12/2024 05:08 PM]

CLERK'S ORDER [2059622] filed granting motion for leave to file [2059509-2]; The Clerk is directed to file response [2059510-2] [24-1135] [Entered: 06/13/2024 12:26 PM]

UNOPPOSED MOTION [2059775] to extend time to file certified index to 07/15/2024 filed by EPA and Michael Regan [Service Date: 06/13/2024 ] Length Certification: 241 words. [24-1135] (Adkins, Brandon) [Entered: 06/13/2024 05:22 PM]

MOTION [2059799] to exceed word limits in reply filed by Denka Performance Elastomer LLC (Service Date: 06/13/2024 by CM/ECF NDA) Length Certification: 669 words. [24-1135] (Super, David) [Entered: 06/13/2024 07:42 PM]

PER ABOVE ORDER lodged response [2059510-2] is filed [24-1135] [Entered: 06/13/2024 12:29 PM]

DOCKETING STATEMENT [2059919] filed by Denka Performance Elastomer LLC [Service Date: 06/14/2024 ] [24-1135] (Super, David) [Entered: 06/14/2024 01:23 PM]

CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2059920] filed by Denka Performance Elastomer LLC [Service Date: 06/14/2024 ] [24-1135] (Super, David) [Entered: 06/14/2024 01:24 PM]

STATEMENT OF ISSUES [2059921] filed by Denka Performance Elastomer LLC [Service Date: 06/14/2024 ] [24-1135] (Super, David) [Entered: 06/14/2024 01:25 PM]

UNDERLYING DECISION IN CASE [2059922] submitted by Denka Performance Elastomer LLC [Service Date: 06/14/2024 ] [24-1135] (Super, David) [Entered: 06/14/2024 01:34 PM]

STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [2059924] filed by Denka Performance Elastomer LLC [Service Date: 06/14/2024 ] Intent: AppxDeferred [24-1135] (Super, David) [Entered: 06/14/2024 01:36 PM]

PER CURIAM ORDER [2059991] filed ORDERED that the motion to exceed the word limit [2059799-2] be granted. Petitioner may file a single reply not to exceed 5,000 words. Before Judges: Katsas, Rao and Childs. [24-1135] [Entered: 06/14/2024 04:25 PM]

REPLY [2060538] filed by Denka Performance Elastomer LLC to response [2059123-2], [2059510-2] [Service Date: 06/18/2024 by CM/ECF NDA] Length Certification: 4,993 words. [24-1135] (Super, David) [Entered: 06/18/2024 03:04 PM]

1 Reply to Response Filed

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2 Exhibit Y

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3 Exhibit Z

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4 Exhibit AA

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5 Exhibit BB

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PER CURIAM ORDER [2061788] filed denying motion to stay case [2056561-2]. The Clerk is directed to enter a briefing schedule. Before Judges: Katsas, Rao and Childs. [24-1135] [Entered: 06/26/2024 04:53 PM]

CLERK'S ORDER [2061874] filed granting motion to extend time [2059775-2]; extending Clerk order initial submissions for appellee/respondent [2054938-3] RESPONDENT certified index to record due 07/15/2024 [24-1135] [Entered: 06/27/2024 10:22 AM]

CLERK'S ORDER [2062503] filed consolidating case 24-1228 (Consolidation started 07/01/2024) with 24-1135; directing party to file in 24-1228 initial submissions: PETITIONER docketing statement due 07/31/2024. PETITIONER statement of issues due 07/31/2024 [24-1135, 24-1228] [Entered: 07/01/2024 03:25 PM]

PETITION [2063169] for reconsideration and reconsideration en banc filed by Petitioner Denka Performance Elastomer LLC in 24-1135 [Service Date: 07/05/2024 by CM/ECF NDA] Length Certification: 3,900 words. [24-1135, 24-1228] (Super, David) [Entered: 07/05/2024 01:01 PM]

1 Petition for Panel Rehearing and Rehearing En Banc

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2 June 26, 2024 Order

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CLERK'S ORDER [2064652] filed consolidating cases 24-1246 (Consolidation started 07/15/2024) with 24-1135; directing party to file in 24-1246 initial submissions: PETITIONER docketing statement due 08/14/2024. PETITIONER statement of issues due 08/14/2024 [24-1135, 24-1228, 24-1246] [Entered: 07/15/2024 02:43 PM]

CERTIFIED INDEX TO RECORD [2064720] filed by EPA and Michael Regan in 24-1135, EPA and Michael S. Regan in 24-1228, 24-1246 [Service Date: 07/15/2024 ] [24-1135, 24-1228, 24-1246] (Adkins, Brandon) [Entered: 07/15/2024 04:36 PM]

CLERK'S ORDER [2064929] filed consolidating cases 24-1249, 24-1250, 24-1251, 24-1252 (Consolidation started 07/16/2024) with 24-1135; directing party to file in 24-1249, 24-1250, 24-1251, 24-1252 initial submissions: PETITIONER docketing statement due 08/15/2024. PETITIONER statement of issues due 08/15/2024 [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] [Entered: 07/16/2024 11:42 AM]

PER CURIAM ORDER [2065218] filed denying petition for reconsideration [2063169-2]. Before Judges: Katsas, Rao and Childs. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] [Entered: 07/17/2024 03:58 PM]

PER CURIAM ORDER, En Banc, [2065221] filed denying petition for reconsideration en banc [2063169-3]. Before Judges: Srinivasan, Henderson, Millett, Pillard, Wilkins, Katsas, Rao, Walker, Childs, Pan and Garcia. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] [Entered: 07/17/2024 04:01 PM]

CLERK'S ORDER [2065382] filed directing parties to file proposed briefing format - Proposed formats due 08/19/2024 [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] [Entered: 07/18/2024 01:47 PM]

DOCKETING STATEMENT [2067652] filed by State of Louisiana and Louisiana Department of Environmental Quality [Service Date: 07/31/2024 ] [24-1228] (Aguinaga, Jorge) [Entered: 07/31/2024 03:26 PM]

STATEMENT OF ISSUES [2067655] filed by State of Louisiana and Louisiana Department of Environmental Quality [Service Date: 07/31/2024 ] [24-1228] (Aguinaga, Jorge) [Entered: 07/31/2024 03:33 PM]

RESPONSE [2068632] to order [2065382-2], [2065382-3] filed combined with a MOTION for extension of time to submit proposed briefing format by Denka Performance Elastomer LLC in 24-1135, Louisiana Department of Environmental Quality and State of Louisiana in 24-1228, State of Texas in 24-1246, Vinyl Institute, Inc. in 24-1249, American Chemistry Council, American Fuel & Petrochemical Manufacturers and Louisiana Chemical Association in 24-1250, Air Alliance Houston, California Communities Against Toxics, Concerned Citizens of St. John, Environmental Integrity Project, Louisiana Environmental Action Network, Rise St. James Louisiana, Sierra Club and Texas Environmental Justice Advocacy Services in 24-1251, Huntsman Petrochemical LLC in 24-1252 (Service Date: 08/06/2024 by CM/ECF NDA) Length Certification: 489 Words. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252]--[Edited 08/07/2024 by LMF--RELIEF ADDED] (Friedland, David) [Entered: 08/06/2024 04:34 PM]

DOCKETING STATEMENT [2069830] filed by State of Texas in 24-1246 [Service Date: 08/14/2024 ] [24-1246, 24-1135] (Williams, Wesley) [Entered: 08/14/2024 10:32 AM]

STATEMENT OF ISSUES [2069831] filed by State of Texas in 24-1246 [Service Date: 08/14/2024 ] [24-1246, 24-1135] (Williams, Wesley) [Entered: 08/14/2024 10:34 AM]

STATEMENT OF ISSUES [2070250] filed by Huntsman Petrochemical LLC in 24-1252 [Service Date: 08/15/2024 ] [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] (Kacenjar, Allen) [Entered: 08/15/2024 12:39 PM]

DOCKETING STATEMENT [2070252] filed by Huntsman Petrochemical LLC in 24-1252 [Service Date: 08/15/2024 ] [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] (Kacenjar, Allen) [Entered: 08/15/2024 12:41 PM]

DOCKETING STATEMENT [2070293] filed by Vinyl Institute, Inc. in 24-1249 [Service Date: 08/15/2024 ] [24-1249, 24-1135, 24-1228, 24-1246, 24-1250, 24-1251, 24-1252] (Gotting, Eric) [Entered: 08/15/2024 03:32 PM]

STATEMENT OF ISSUES [2070294] filed by Vinyl Institute, Inc. in 24-1249 [Service Date: 08/15/2024 ] [24-1249, 24-1135, 24-1228, 24-1246, 24-1250, 24-1251, 24-1252] (Gotting, Eric) [Entered: 08/15/2024 03:35 PM]

DOCKETING STATEMENT [2070297] filed by Concerned Citizens of St. John, Louisiana Environmental Action Network, Texas Environmental Justice Advocacy Services, Air Alliance Houston, California Communities Against Toxics, Environmental Integrity Project, Sierra Club and Rise St. James Louisiana in 24-1251 [Service Date: 08/15/2024 ] [24-1251, 24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1252] (Tumeh, Deena) [Entered: 08/15/2024 03:50 PM]

STATEMENT OF ISSUES [2070300] filed by Concerned Citizens of St. John, Rise St. James Louisiana, Louisiana Environmental Action Network, Texas Environmental Justice Advocacy Services, Air Alliance Houston, California Communities Against Toxics, Environmental Integrity Project and Sierra Club in 24-1251 [Service Date: 08/15/2024 ] [24-1251, 24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1252] (Tumeh, Deena) [Entered: 08/15/2024 03:54 PM]

NOTICE [2070321] Regarding Response to Order re Proposed Briefing Formats for Consolidated Cases filed by Denka Performance Elastomer LLC in 24-1135 [Service Date: 08/15/2024 ] [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] (Super, David) [Entered: 08/15/2024 05:27 PM]

DOCKETING STATEMENT [2070335] filed by American Chemistry Council, Louisiana Chemical Association and American Fuel & Petrochemical Manufacturers in 24-1250 [Service Date: 08/15/2024 ] [24-1250, 24-1135, 24-1228, 24-1246, 24-1249, 24-1251, 24-1252] (Friedland, David) [Entered: 08/15/2024 08:13 PM]

STATEMENT OF ISSUES [2070336] filed by American Chemistry Council, American Fuel & Petrochemical Manufacturers and Louisiana Chemical Association in 24-1250 [Service Date: 08/15/2024 ] [24-1250, 24-1135, 24-1228, 24-1246, 24-1249, 24-1251, 24-1252] (Friedland, David) [Entered: 08/15/2024 08:16 PM]

CLERK'S ORDER [2070379] filed considering response [2068632-2]; granting motion to extend time [2068632-3]; considering notice for other relief [2070321-2]; directing parties to file briefing format - Proposed formats due 09/19/2024 [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] [Entered: 08/16/2024 09:32 AM]

ENTRY OF APPEARANCE [2071855] filed by Kelsey Smith on behalf of Petitioners State of Louisiana and Louisiana Department of Environmental Quality in 24-1228. [24-1228, 24-1135] (Smith, Kelsey) [Entered: 08/26/2024 05:58 PM]

MOTION [2072007] lodged for leave to intervene [Disclosure Listing: Attached] filed by American Chemistry Council, the American Fuel & Petrochemical Manufacturers; the Louisiana Chemical Association; Denka Performance Elastomer LLC; and Vinyl Institute, Inc. [Service Date: 08/27/2024 ] [24-1251]--[MODIFIED EVENT FROM FILED TO LODGED--Edited 08/28/2024 by LMM] (Friedland, David) [Entered: 08/27/2024 05:15 PM]

MOTION [2072097] for leave to file motion to intervene filed by American Chemistry Council, American Fuel & Petrochemical Manufacturers, Denka Performance Elastomer LLC, Huntsman Petrochemical LLC, Louisiana Chemical Association and Vinyl Institute, Inc. (Service Date: 08/28/2024 by CM/ECF NDA) Length Certification: 915 words. [24-1251] [Entered: 08/28/2024 12:00 PM]

RESPONSE IN OPPOSITION [2073640] to motion [2072097-2] filed by Air Alliance Houston, California Communities Against Toxics, Concerned Citizens of St. John, Environmental Integrity Project, Louisiana Environmental Action Network, Rise St. James Louisiana, Sierra Club and Texas Environmental Justice Advocacy Services in 24-1251 [Service Date: 09/06/2024 by CM/ECF NDA] Length Certification: 762. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] (Riley, Kathleen) [Entered: 09/06/2024 07:02 PM]

REPLY [2074696] filed by American Chemistry Council, American Fuel & Petrochemical Manufacturers and Louisiana Chemical Association in 24-1251, 24-1250 to response [2073640-2] [Service Date: 09/13/2024 by CM/ECF NDA] Length Certification: 1327 words. [24-1251, 24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1252] (Friedland, David) [Entered: 09/13/2024 03:37 PM]

JOINT RESPONSE [2075838] to order [2065382-2], [2065382-3] filed by EPA, Michael Regan and Air Alliance Houston, California Communities Against Toxics, Concerned Citizens of St. John, Environmental Defense Fund, Environmental Integrity Project, Louisiana Environmental Action Network, Rise St. James Louisiana, Sierra Club and Texas Environmental Justice Advocacy Services in 24-1135, EPA and Michael S. Regan in 24-1228, 24-1246, EPA in 24-1249, 24-1250, Air Alliance Houston, California Communities Against Toxics, Concerned Citizens of St. John, Environmental Integrity Project, Louisiana Environmental Action Network, Rise St. James Louisiana, Sierra Club, Texas Environmental Justice Advocacy Services and EPA and Michael S. Regan in 24-1251, 24-1252 (Service Date: 09/19/2024 by CM/ECF NDA) Length Certification: 1,215 words. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] (Adkins, Brandon) [Entered: 09/19/2024 07:38 PM]

RESPONSE [2075844] to order [2070379-2], [2070379-3], [2065382-2], [2065382-3] filed by Denka Performance Elastomer LLC in 24-1135, Louisiana Department of Environmental Quality and State of Louisiana in 24-1228, State of Texas in 24-1246, Vinyl Institute, Inc. in 24-1249, American Chemistry Council, American Fuel & Petrochemical Manufacturers and Louisiana Chemical Association in 24-1250, American Chemistry Council, American Fuel & Petrochemical Manufacturers, Denka Performance Elastomer LLC, Huntsman Petrochemical LLC, Louisiana Chemical Association and Vinyl Institute, Inc. in 24-1251, Huntsman Petrochemical LLC in 24-1252 (Service Date: 09/19/2024 by CM/ECF NDA) Length Certification: 4,020 words. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] (Super, David) [Entered: 09/19/2024 08:51 PM]

PER CURIAM ORDER [2078347] filed ORDERED that the motion for leave to file a motion to intervene [2072097-2] be denied. It is FURTHER ORDERED that the following briefing format and schedule will apply in these consolidated cases: Industry and State Petitioners’ Opening Briefs due 12/18/2024. Environmental Petitioners’ Opening Brief due 12/18/2024. Respondents’ Brief due on 03/21/2025. Environmental Petitioners’ Intervenor Brief due 04/04/2025. Industry and State Petitioners’ Reply Briefs due 04/21/2025. Environmental Petitioners’ Reply Brief due 04/21/2025. Deferred Appendix due 04/28/2025. Final Briefs due 05/12/2025 (SEE ORDER FOR MORE DETAILS). Before Judges: Henderson, Pillard and Walker. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] [Entered: 10/04/2024 01:04 PM]

ENTRY OF APPEARANCE [2084696] filed by Catherine E. Stetson and co-counsel Susan Cook; Danielle DeSaulniers Stempel; Nathaniel A.G. Zelinsky; Sam H. Zwingli; Ezra P. Louvis on behalf of Petitioner American Chemistry Council in 24-1250. [24-1250, 24-1135] (Stetson, Catherine) [Entered: 11/13/2024 12:49 PM]

MOTION [2086102] to sever issue filed by Air Alliance Houston, California Communities Against Toxics, Concerned Citizens of St. John, Environmental Integrity Project, Louisiana Environmental Action Network, Rise St. James Louisiana, Sierra Club and Texas Environmental Justice Advocacy Services in 24-1251 (Service Date: 11/21/2024 by CM/ECF NDA) Length Certification: 929 words, excluding exempted portions, and was composed in Times New Roman font, 14 point. I certify that the foregoing complies with applicable type-volume and typeface requirements.. [24-1251, 24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1252] (Riley, Kathleen) [Entered: 11/21/2024 05:30 PM]

UNOPPOSED MOTION [2086692] to modify briefing schedule filed by Air Alliance Houston, California Communities Against Toxics, Concerned Citizens of St. John, Environmental Integrity Project, Louisiana Environmental Action Network, Rise St. James Louisiana, Sierra Club and Texas Environmental Justice Advocacy Services in 24-1251 [Service Date: 11/25/2024 ] Length Certification: 769 words, excluding exempted portions, and was composed in Times New Roman font, 14-point. I certify that the foregoing complies with applicable type-volume and typeface requirements. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] (Kron, Adam) [Entered: 11/25/2024 05:03 PM]

]AMENDED BY CLERKS ORDER ON 12/2/24]--CLERK'S ORDER [2087062] filed granting Environmental Petitioners' unopposed motion to modify briefing schedule [2086692-2], The following revised briefing schedule will now apply: PETITIONER Brief due 01/17/2025. RESPONDENT Brief due on 04/21/2025. INTERVENOR FOR RESPONDENT Brief due 05/05/2025. PETITIONER Reply Brief due 05/21/2025. DEFERRED APPENDIX due 05/28/2025. Final Briefs due 06/11/2025. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252]--[Edited 12/02/2024 by MCM] [Entered: 11/27/2024 11:42 AM]

CLERK'S ORDER [2087332] filed, on the court's own motion, that the court's November 27, 2024 briefing order be amended to reflect the following revised briefing deadlines [2087062-3] Industry and State Petitioners' Opening Briefs due 01/17/2025. Environmental Petitioners' Opening Brief due 01/17/2025. RESPONDENT Brief due on 04/21/2025. Environmental Respondent-Intervenors' Brief due 05/05/2025. Industry and State Petitioners' Reply Briefs due 05/21/2025. Environmental Petitioners' Reply Brief due 05/21/2025. DEFERRED APPENDIX due 05/28/2025. Final Briefs due 06/11/2025. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] [Entered: 12/02/2024 11:53 AM]

RESPONSE IN OPPOSITION [2087443] to motion to sever issue [2086102-2] filed by EPA and Michael Regan in 24-1135, EPA and Michael S. Regan in 24-1228, 24-1246, EPA in 24-1249, 24-1250, 24-1251, 24-1252 [Service Date: 12/02/2024 by CM/ECF NDA] Length Certification: 1,513 words. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] (Adkins, Brandon) [Entered: 12/02/2024 03:30 PM]

REPLY [2088754] filed by Air Alliance Houston, California Communities Against Toxics, Concerned Citizens of St. John, Environmental Integrity Project, Louisiana Environmental Action Network, Rise St. James Louisiana, Sierra Club and Texas Environmental Justice Advocacy Services in 24-1251 to response [2087443-2] [Service Date: 12/09/2024 by CM/ECF NDA] Length Certification: 2,237 words. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] (Riley, Kathleen) [Entered: 12/09/2024 09:44 PM]

PER CURIAM ORDER [2091937] filed considering motion to sever issue [2086102-2] response [2087443-2] and reply [2088754-2] in 24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252; granting motion to sever issue [2086102-2] raised by Environmental Petitioners in No. 24-125, severed issue assigned a separate docket number, No. 24-1387, Concerned Citizens of St. John v. EPA, and held in abeyance pending further order of the court. Case 24-1387 held in abeyance pending decision in 16-1033, 20-1336, 20-1414, 24-1174 from this court. Motions to govern future proceedings due 30 days of court's disposition of whichever case is decided first, exceeding word limits in No. 24-1135, et al., Environmental Petitioners’ briefing allotments are now 9,400 words for their opening brief and 4,700 words for their reply brief, and the allotment for respondents’ brief is now 44,500 words Before Judges: Katsas, Childs and Garcia. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252, 24-1387] [Entered: 12/30/2024 04:10 PM]

ENTRY OF APPEARANCE [2094761] filed by Elliott Zenick on behalf of Petitioner American Chemistry Council. [24-1250] (Zenick, Elliott) [Entered: 01/17/2025 11:51 AM]

PETITIONER BRIEF [2094912] filed by Vinyl Institute, Inc. in 24-1249 [Service Date: 01/17/2025 ] Length of Brief: 3,092 words. [24-1249, 24-1135] (Gotting, Eric) [Entered: 01/17/2025 04:21 PM]

PETITIONER BRIEF [2094947] filed by Concerned Citizens of St. John, Rise St. James Louisiana, Louisiana Environmental Action Network, Texas Environmental Justice Advocacy Services, Air Alliance Houston, California Communities Against Toxics, Environmental Integrity Project and Sierra Club in 24-1251 [Service Date: 01/17/2025 ] Length of Brief: 9,354 Words.. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] (Kron, Adam) [Entered: 01/17/2025 06:07 PM]

SEPARATE STATUTORY ADDENDUM [2094959] to Appellant/Petitioner brief [2094947-2] filed by Concerned Citizens of St. John, Rise St. James Louisiana, Louisiana Environmental Action Network, Texas Environmental Justice Advocacy Services, Air Alliance Houston, California Communities Against Toxics, Environmental Integrity Project and Sierra Club in 24-1251 [Service Date:01/17/2025 ] [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] (Kron, Adam) [Entered: 01/17/2025 06:18 PM]

PETITIONER BRIEF [2094989] filed by Denka Performance Elastomer LLC in 24-1135, State of Texas in 24-1246, Vinyl Institute, Inc. in 24-1249, American Chemistry Council, American Fuel & Petrochemical Manufacturers and Louisiana Chemical Association in 24-1250, Huntsman Petrochemical LLC in 24-1252 [Service Date: 01/17/2025 ] Length of Brief: 21,173 words. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] (Stetson, Catherine) [Entered: 01/17/2025 11:27 PM]

PETITIONER BRIEF [2094991] filed by Denka Performance Elastomer LLC in 24-1135, State of Louisiana and Louisiana Department of Environmental Quality in 24-1228 [Service Date: 01/17/2025 ] Length of Brief: 8,669 words. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] (Holmstead, Jeffrey) [Entered: 01/17/2025 11:52 PM]

SEPARATE STATUTORY ADDENDUM [2094992] to Appellant/Petitioner brief [2094991-2] filed by Denka Performance Elastomer LLC in 24-1135, State of Louisiana and Louisiana Department of Environmental Quality in 24-1228 [Service Date:01/17/2025 ] [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] (Holmstead, Jeffrey) [Entered: 01/17/2025 11:54 PM]

MOTION [2096327] to participate as amicus curiae [Disclosure Listing: Attached] filed by Chamber of Commerce for the United States and the National Association of Manufacturers [Service Date: 01/24/2025 ] [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252]--[Edited 01/27/2025 by LMF] (Cox, Trevor) [Entered: 01/24/2025 03:25 PM]

AMICUS FOR PETITIONER BRIEF [2096334] LODGED by Chamber of Commerce of the United States of America and the National Association of Manufacturers [Service Date: 01/24/2025 ] Length of Brief: 4992 Words. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252]--[Edited 01/27/2025 by LMF] (Cox, Trevor) [Entered: 01/24/2025 03:37 PM]

NOTICE [2096406] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by The Ethylene Oxide Sterilization Association, Inc [Service Date: 01/24/2025 ] [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252]-[Edited 01/27/2025 by LMF] (Berman, Amanda) [Entered: 01/24/2025 06:29 PM]

AMICUS FOR PETITIONER BRIEF [2096408] filed by The Ethylene Oxide Sterilization Association, Inc. [Service Date: 01/24/2025 ] Length of Brief: 3,122 words. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] (Berman, Amanda) [Entered: 01/24/2025 07:04 PM]

MOTION [2097881] to participate as amicus curiae [Disclosure Listing: Attached] filed by The Ethylene Oxide Sterilization Association [Service Date: 01/31/2025 ] [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] (Berman, Amanda) [Entered: 01/31/2025 02:35 PM]

CORRECTED AMICUS FOR PETITIONER BRIEF [2097882] LODGED by Ethylene Oxide Sterilization Association, Inc. in 24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252 [Service Date: 01/31/2025 ] Length of Brief: 3134 words. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252]--[Edited 02/06/2025 by LMF] (Berman, Amanda) [Entered: 01/31/2025 02:39 PM]

ENTRY OF APPEARANCE [2098860] filed by Alexander M. Purpuro on behalf of Respondents EPA and Lee M. Zeldin in 24-1135, 24-1228, 24-1246, Respondent EPA in 24-1249, 24-1250, 24-1251, 24-1252. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] (Purpuro, Alexander) [Entered: 02/05/2025 08:54 AM]

CLERK'S ORDER [2099184] filed granting motion to participate as amicus curiae [2097881-2], granting motion to participate as amicus curiae [2096327-2]; The Clerk is directed to file lodged Amicus briefs [2097882-2], [2096334-2] [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] [Entered: 02/06/2025 01:04 PM]

PER ABOVE ORDER lodged Amicus brief [2097882-2], Amicus brief [2096334-2] is filed [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] [Entered: 02/06/2025 01:08 PM]

NOTICE [2101917] to withdraw attorney Nathaniel Avi Gideon Zelinsky who represented American Chemistry Council in 24-1250, Ezra Louvis who represented American Chemistry Council in 24-1250 filed by American Chemistry Council in 24-1250 [Service Date: 02/21/2025 ] [24-1250, 24-1135, 24-1228, 24-1246, 24-1249, 24-1251, 24-1252] (Stetson, Catherine) [Entered: 02/21/2025 10:30 AM]

[WITHDRAWN BY ORDER FILED 3/7/25]--MOTION [2102445] to hold case in abeyance filed by EPA and Lee M. Zeldin in 24-1135, 24-1228, 24-1246, EPA in 24-1249, 24-1250, 24-1251, 24-1252 (Service Date: 02/24/2025 by CM/ECF NDA) Length Certification: 1,140 words. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252]--[Edited 03/07/2025 by MCM] (Adkins, Brandon) [Entered: 02/24/2025 05:15 PM]

MOTION [2103895] to withdraw motion filed by EPA and Lee M. Zeldin in 24-1135, 24-1228, 24-1246, EPA in 24-1249, 24-1250, 24-1251, 24-1252 (Service Date: 03/04/2025 by CM/ECF NDA) Length Certification: 128 words. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] (Adkins, Brandon) [Entered: 03/04/2025 06:34 PM]

UNOPPOSED MOTION [2103897] to extend time to file brief to 07/21/2025 filed by EPA and Lee M. Zeldin in 24-1135, 24-1228, 24-1246, EPA in 24-1249, 24-1250, 24-1251, 24-1252 [Service Date: 03/04/2025 ] Length Certification: 520 words. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] (Adkins, Brandon) [Entered: 03/04/2025 06:38 PM]

CLERK'S ORDER [2104583] filed granting respondents' motion to withdraw the motion to hold cases in abeyance [2103895-2]; The Clerk is directed to note the docket accordingly [2102445-2]; granting respondents' unopposed motion to extend time [2103897-2], The following revised briefing schedule will now apply: RESPONDENT Brief due on 07/21/2025. INTERVENOR FOR RESPONDENT Brief due 08/04/2025. PETITIONER Reply Brief(s) due 08/20/2025. DEFERRED APPENDIX due 08/27/2025. Final Briefs due 09/10/2025. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] [Entered: 03/07/2025 06:17 PM]

UNOPPOSED MOTION [2124862] to hold case in abeyance filed by EPA and Lee M. Zeldin in 24-1135, 24-1228, 24-1246, EPA in 24-1249, 24-1250, 24-1251, 24-1252 [Service Date: 07/11/2025 ] Length Certification: 891 words. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] (Adkins, Brandon) [Entered: 07/11/2025 09:25 AM]

CLERK'S ORDER [2125542] filed granting motion to hold case in abeyance [2124862-2]. Cases 24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252 held in abeyance pending further order of the court; directing parties to file motions to govern future proceedings by 07/10/2026; directing respondents to file abeyance status reports every 120 days beginning 11/12/2025 [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] [Entered: 07/15/2025 01:06 PM]

NOTICE [2133035] to withdraw attorney Patton Dycus who represented California Communities Against Toxics, Sierra Club, Air Alliance Houston and Environmental Integrity Project in 24-1251 filed by Environmental Integrity Project, Air Alliance Houston, California Communities Against Toxics and Sierra Club [Service Date: 09/02/2025 ] [24-1251] (Russ, Abel) [Entered: 09/02/2025 02:49 PM]

MOTION [2144955] to extend time to file report filed by EPA and Lee M. Zeldin in 24-1135, 24-1228, 24-1246, EPA in 24-1249, 24-1250, 24-1251, 24-1252 (Service Date: 11/12/2025 by CM/ECF NDA) Length Certification: 245 words. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] (Purpuro, Alexander) [Entered: 11/12/2025 04:18 PM]

CLERK'S ORDER [2147225] filed considering respondents' motion to extend time to file the status report [2144955-2]; directing respondents to file abeyance status report due by 12/05/2025, and at 120-day intervals thereafter. [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] [Entered: 11/25/2025 02:15 PM]

REPORT [2148867] filed by EPA, Michael Regan and Lee M. Zeldin in 24-1135, EPA, Michael S. Regan and Lee M. Zeldin in 24-1228, 24-1246, EPA in 24-1249, 24-1250, 24-1251, 24-1252 abeyance status is Agency reconsideration ongoing [Service Date: 12/05/2025 ] [24-1135, 24-1228, 24-1246, 24-1249, 24-1250, 24-1251, 24-1252] (Adkins, Brandon) [Entered: 12/05/2025 11:14 AM]