Clean Power Plan case resources

West Virginia v. EPA before the Supreme Court

Date updated:

Brought by coal companies and their allies to the Supreme Court, the West Virginia v. EPA case involved the Trump administration’s repeal of, and attempt at weak replacement for, the 2015 Obama-era Clean Power Plan that placed safeguards on climate pollution from power plants. EDF and others litigated the case before the Supreme Court.

EDF was also involved in earlier litigation around pollution regulations for power plants for both the Clean Power Plan and the ACE replacement rule.

All filings from the following lawsuits can be found below:

  • West Virginia v. EPA
  • ACE (Clean Power Plan repeal and replacement)
  • Clean Power Plan (CAA 111(d))

West Virginia v. EPA

U.S. Supreme Court

Decision

Oral Arguments

Petitioner Reply Briefs

Amicus Briefs

Order Regarding Oral Argument

Letter to the Court

Briefs for Respondents

  • Power Company Respondents: Consolidated Edison, Inc., Exelon Corp., National Grid USA, NY Power Authority, Power Companies Climate Coalition, and Sacramento Municipal Utility District.
    January 18, 2022
  • EDF and other NGO and Trade Association Respondents: American Lung Association; American Public Health Association; Appalachian Mountain Club; Center for Biological Diversity; Chesapeake Bay Foundation, Inc.; Clean Air Council; Clean Wisconsin; Conservation Law Foundation; Environmental Defense Fund; Environmental Law and Policy Center; Minnesota Center for Environmental Advocacy; Natural Resources Defense Council; Sierra Club; Advanced Energy Economy; American Clean Power Association; Solar Energy Industries Association.
    January 18, 2022
  • Federal Respondents: EPA, DOJ, Solicitor General.
    January 18, 2022
  • States and Municipalities: States of New York, California, Maine, Colorado, Maryland, Connecticut, Massachusetts, Delaware, Michigan, Hawaii, Minnesota, Illinois, Nevada, New Jersey, Vermont, New Mexico, Virginia, North Carolina, Washington, Oregon, Wisconsin, Pennsylvania, D.C., Rhode Island; city of Boulder, city of Chicago, city and county of Denver, city of New York, city of Philadelphia, city of Los Angeles, city of South Miami.
    January 18, 2022

Amicus Briefs in Support of Petitioners

Amicus Brief in Support of Neither Party

Petitioners Opening Briefs

Order Granting Cert Petitions

Reply Briefs in Support of Cert

Briefs in Opposition to Cert Petitions

Amicus Briefs Related to Petitions for a Writ of Certiorari

Petitions for a Writ of Certiorari and Related Briefs

ACE

D.C. Circuit Court of Appeals

Status Reports

Partial Stay of Mandate

Decision

Audio and Transcript of Oral Arguments on October 8, 2020

Orders Regarding Oral Argument

Merits Briefing

Amicus Briefs

Court Orders

Motions to Intervene

Motions Related to Case Management

Petitions for Review

CPP

Legal briefs on EPA's standards to put limits on existing power plants, 111(d)

Full list of supporters of the Clean Power Plan in court [PDF]

Scroll down for filings in the U.S. Supreme Court

Correspondence About Clean Power Plan Deadlines

D.C. Circuit Court of Appeals

Motion to Dismiss

EPA Status Reports

Orders continuing abeyance

Supplemental Briefs on Case Proceedings

Motion to Hold Case in Abeyance

Motion to Hold Reconsideration Case in Abeyance

Procedural filings regarding reconsideration

Motions in Support of EPA's Reconsideration Denials

Motions Opposed to EPA's Reconsideration Denials

Challenges to EPA denial of reconsideration

  • North Dakota [PDF]
  • Additional parties that filed petitions: Murray Energy Corp., NRECA, UARG/APPA, LG&E/KU, West Virginia et al., Nat'l Ass'n of Ho me Builders, Alabama Power Co. et al., Entergy Corp., Peabody Energy Corp., Newmont Nevada Energy Investment/Newmont USA, National Mining Association, Westar Energy, NorthWestern Corp, East Kentucky Power Cooperative et al., Denbury Onshore, and Basin Electric Power Coop.

Audio and transcript of September 27, 2016 oral arguments

Orders Regarding Oral Argument

Replies for Petitioners

Briefs for Respondents

Briefs in Support of Respondents

Briefs for Petitioners

Briefs in Support of Petitioners

Letters regarding supplemental authorities

Motions in support of EPA

Motions in support of petitioners

Petitions

  • West Virginia/Texas et al. [PDF]
  • Additional parties that filed petitions: Oklahoma, North Dakota, International Brotherhood of Boilermakers, Murray Energy Corp., NMA, ACCCE, UARG/APPA, Alabama Power Co. et al, CO2 Task Force of the Fla. Elect. Power Coordinating Grp., Montana-Dakota Utilities Co., Tri-State Generation & Transmission Ass'n., United Mine Workers, NRECA et al., Westar Energy, NorthWestern Corp., Nat'l Ass'n of Home Builders, Chamber of Commerce et al., Association of American Railroads, Mississippi DEQ, Luminant Generation Co., Basin Electric Power Coop., International Brotherhood of Electrical Workers, Energy & Environment Legal Institute, Entergy Corp., LG&E/KU, West Virginia Coal Association, Newmont Nevada Energy Investment/Newmont USA, Kansas City Board of Public Utilities, North American Coal Corporation, Indiana Utility Group, Louisiana Public Service Commission, Genon Mid-Atlantic et al., Prairie State Generating Co., Minnesota Power, Denbury Onshore, Energy-Intensive Manufacturers' Working Group on Greenhouse Gas Regulation, National Alliance of Forest Owners, Biogenic CO2 Coalition, Local Government Coalition for Renewable Energy, American Forest & Paper Association/American Wood Council, Competitive Enterprise Institute et al.

Motions to Withdraw as Petitioner

Orders

Replies in support of motions for a stay

Responses to motions for a stay

Motions for a stay

U.S. Supreme Court

Letter to the Chief Justice

Orders

Replies in Support of a Stay

Briefs in Opposition to a Stay

Applications for a Stay

MEDIA CONTACT

Sharyn Stein

(202) 572-3396 (office)

(202) 905-5718 (mobile)