Case: Air Alliance Houston v. EPA

Air Alliance Houston v. United States Environmental Protection Agency

U.S. District Court for the District of District of Columbia

PETITION FOR REVIEW [2120694] of a decision by federal agency 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, Inc. and Sierra Club [Service Date: 06/13/2025 ] Disclosure Statement: Attached. [25-1143] [Entered: 06/13/2025 01:08 PM]

PETITION FOR REVIEW CASE docketed. [25-1143] [Entered: 06/13/2025 01:06 PM]

CLERK'S ORDER [2120696] filed directing party to file initial submissions: PETITIONER docketing statement due 07/14/2025. PETITIONER certificate as to parties due 07/14/2025. PETITIONER statement of issues due 07/14/2025. PETITIONER underlying decision due 07/14/2025. PETITIONER deferred appendix statement due 07/14/2025. PETITIONER procedural motions due 07/14/2025. PETITIONER dispositive motions due 07/28/2025; directing party to file initial submissions: RESPONDENT entry of appearance due 07/14/2025. RESPONDENT procedural motions due 07/14/2025. RESPONDENT certified index to record due 07/28/2025. RESPONDENT dispositive motions due 07/28/2025 [25-1143] [Entered: 06/13/2025 01:11 PM]

CERTIFIED COPY [2120702] of Petition for Review sent to respondent [2120694-2], [2120696-4] [25-1143] [Entered: 06/13/2025 01:18 PM]

ENTRY OF APPEARANCE [2125281] filed by Albert Lin on behalf of Respondents EPA and Lee M. Zeldin. [25-1143] (Lin, Albert) [Entered: 07/14/2025 03:58 PM]

DOCKETING STATEMENT [2125330] filed by Air Alliance Houston, Center for Biological Diversity, Citizens for Pennsylvania's 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, Inc. and Sierra Club [Service Date: 07/14/2025 ] [25-1143] (Kolman, Chloe) [Entered: 07/14/2025 05:23 PM]

STATEMENT OF ISSUES [2125332] filed by Air Alliance Houston, Center for Biological Diversity, Citizens for Pennsylvania's 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, Inc. and Sierra Club [Service Date: 07/14/2025 ] [25-1143] (Kolman, Chloe) [Entered: 07/14/2025 05:25 PM]

UNDERLYING DECISION IN CASE [2125333] submitted by Air Alliance Houston, Center for Biological Diversity, Citizens for Pennsylvania's 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, Inc. and Sierra Club [Service Date: 07/14/2025 ] [25-1143] (Kolman, Chloe) [Entered: 07/14/2025 05:26 PM]

STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [2125336] filed by Air Alliance Houston, Center for Biological Diversity, Citizens for Pennsylvania's 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, Inc. and Sierra Club [Service Date: 07/14/2025 ] Intent: AppxDeferred [25-1143] (Kolman, Chloe) [Entered: 07/14/2025 05:33 PM]

UNOPPOSED MOTION [2126077] to extend time to file initial submissions to 09/26/2025 filed by EPA and Lee M. Zeldin [Service Date: 07/17/2025 ] Length Certification: 377 words. [25-1143] (Lin, Albert) [Entered: 07/17/2025 06:00 PM]

CLERK'S ORDER [2126164] filed granting motion to extend time [2126077-2]; extending Clerk order initial submissions for appellant/petitioner [2120696-2] PETITIONER dispositive motions due 09/26/2025; extending Clerk order initial submissions for appellee/respondent [2120696-3] RESPONDENT dispositive motions due 09/26/2025 [25-1143] [Entered: 07/18/2025 12:31 PM]

NOTICE [2127293] to substitute attorney Albert Lin substituted by Zoe B. Palenik, Laura J. Brown filed by EPA and Lee M. Zeldin [Service Date: 07/25/2025 ] [25-1143] (Palenik, Zoe) [Entered: 07/25/2025 12:48 PM]

CERTIFIED INDEX TO RECORD [2127645] filed by EPA and Lee M. Zeldin [Service Date: 07/28/2025 ] [25-1143] (Palenik, Zoe) [Entered: 07/28/2025 05:23 PM]

CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2128519] filed by Air Alliance Houston, Center for Biological Diversity, Citizens for Pennsylvania's 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, Inc. and Sierra Club [Service Date: 08/04/2025 ] [25-1143] (Kolman, Chloe) [Entered: 08/04/2025 10:45 AM]

MOTION [2128844] to hold case in abeyance filed by EPA and Lee M. Zeldin (Service Date: 08/05/2025 by CM/ECF NDA) Length Certification: 997. [25-1143] (Brown, Laura) [Entered: 08/05/2025 02:00 PM]

1 Motion Filed

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2 Rule 27(a)(4) Certification

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UNOPPOSED MOTION [2128882] to extend time to file response to 08/19/2025 filed by Air Alliance Houston, Center for Biological Diversity, Citizens for Pennsylvania's Future, Clean Air Council, Dakota Resource Council, Downwinders at Risk, Environmental Defense Fund, Environmental Integrity Project, Sierra Club, Natural Resources Defense Council, Inc., Montana Environmental Information Center and Environmental Law & Policy Center [Service Date: 08/05/2025 ] Length Certification: 297 words. [25-1143] (Kolman, Chloe) [Entered: 08/05/2025 03:28 PM]

CLERK'S ORDER [2129187] filed granting motion to extend time [2128882-2]; directing response to motion to hold case in abeyance [2128844-2] Response due on 08/19/2025 [25-1143] [Entered: 08/07/2025 06:06 PM]

MOTION [2129297] for leave to intervene [Disclosure Listing: Attached] filed by TALEN MONTANA, LLC [Service Date: 08/08/2025 ] [25-1143] (Frank, Joshua) [Entered: 08/08/2025 12:02 PM]

1 UNOPPOSED Motion for Leave to Intervene Filed

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2 Exhibit 1

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3 Exhibit 2

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RESPONSE IN OPPOSITION [2130931] to motion [2128844-2] filed by Air Alliance Houston, Center for Biological Diversity, Citizens for Pennsylvania's 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, Inc. and Sierra Club [Service Date: 08/19/2025 by CM/ECF NDA] Length Certification: 4,563 words. [25-1143] (Kolman, Chloe) [Entered: 08/19/2025 04:48 PM]

REPLY [2132117] filed by EPA and Lee M. Zeldin to response [2130931-2] [Service Date: 08/26/2025 by CM/ECF NDA] Length Certification: 2,588 words. [25-1143] (Palenik, Zoe) [Entered: 08/26/2025 03:10 PM]

NOTICE [2132734] to substitute attorney Patton Dycus substituted by Sanghyun Lee, Abel Russ filed by Environmental Integrity Project [Service Date: 08/29/2025 ] [25-1143] (Lee, Sanghyun) [Entered: 08/29/2025 02:57 PM]

LETTER [2133753] pursuant to FRAP 28j advising of additional authorities filed by EPA and Lee M. Zeldin [Service Date: 09/05/2025 ] [25-1143] (Palenik, Zoe) [Entered: 09/05/2025 04:49 PM]

CLERK'S ORDER [2138081] filed granting motion for leave to intervene [2129297-2] [25-1143] [Entered: 10/01/2025 11:02 AM]

PER CURIAM ORDER [2140670] filed ORDERED that the motion to hold in abeyance [2128844-2] be granted and that this case be held in abeyance pending further order of the court. The parties are directed to file motions to govern future proceedings by April 15, 2026, or within 30 days of final action by the Environmental Protection Agency on the proposed repeal, whichever is earlier. Before Judges: Katsas, Walker and Childs. [25-1143] [Entered: 10/16/2025 04:47 PM]

PER CURIAM ORDER [2140670] filed ORDERED that the motion to hold in abeyance [2128844-2] be granted and that this case be held in abeyance pending further order of the court. The parties are directed to file motions to govern future proceedings by April 15, 2026, or within 30 days of final action by the Environmental Protection Agency on the proposed repeal, whichever is earlier. Before Judges: Katsas, Walker and Childs. [25-1143] [Entered: 10/16/2025 04:47 PM]

PER CURIAM ORDER [2140670] filed ORDERED that the motion to hold in abeyance [2128844-2] be granted and that this case be held in abeyance pending further order of the court. The parties are directed to file motions to govern future proceedings by April 15, 2026, or within 30 days of final action by the Environmental Protection Agency on the proposed repeal, whichever is earlier. Before Judges: Katsas, Walker and Childs. [25-1143] [Entered: 10/16/2025 04:47 PM]