Date Filed: April 22, 2021
Original Court: U.S. District Court for the Eastern District of California
Case Status: Voluntarily Dismissed
In 2009, under the Obama Administration, the EPA issued findings that greenhouse gases “pose a danger to human health and welfare.” In direct violation of Congress’s commands, the EPA issued these findings without submitting them to the Science Advisory Board (SAB) for peer review. Congress created the SAB and required the EPA to submit these types of findings to the board to prevent draconian restrictions on Americans based on inaccurate data or noncredible scientific analysis. CAF filed a petition on May 1, 2017 on behalf of seven petitioners asking EPA to reconsider its prior findings and reopen the regulatory process so that the SAB can conduct its statutorily-required peer review.
After four years of inaction, EPA denied the petition on January 19, 2021. But two months later EPA reversed course and withdrew its denial, admitting it did not provide “an adequate justification.” EPA did not provide the petitioners a timeline as to when it would complete its reconsideration.
CAF then filed this suit to compel EPA action on the petition. One year after CAF filed this lawsuit, EPA finally responded to plaintiffs with a denial. Once EPA responded, the case became moot and was voluntarily dismissed.
Case Documents:
Denial of Petition to Reconsider EPA’s Endangerment Finding
EPA’s Motion to Dismiss Complaint
Plaintiffs’ Opposition to Motion to Dismiss
EPA’s Reply ISO Motion to Dismiss