State of West Virginia, et al. v. U.S. Environmental Protection Agency, U.S. Court of Appeals for the D.C. Circuit, No. 14-1146

Consumer Protection Hotline:
1-800-368-8808
Senior Protection Hotline: 304-558-1155

consumer complaint button click for consumer complaints

Medicaid Fraud Hotline:
1-888-372-8398

medicaid complaint button click for consumer complaints

Attorney General > Public Resources > Proposed EPA Rules for New and Existing Coal-Fired Power Plants > State of West Virginia, et al. v. U.S. Environmental Protection Agency, U.S. Court of Appeals for the D.C. Circuit, No. 14-1146

State of West Virginia, et al. v. U.S. Environmental Protection Agency, U.S. Court of Appeals for the D.C. Circuit, No. 14-1146

Petition for Review by the State of West Virginia (08-01-2014)

Supporting Documents

Federal Register Vol. 75 No. 250 — December 30, 2010: Proposed Settlement Agreement, Clean Air Act Citizen Suit
EPA Legal Memorandum for Proposed Carbon Pollution Emission Guidelines for Existing Coal-Fired Power Plants
Federal Register Vol. 79 No. 117 — June 18, 2014: Publication of Proposed Rule, Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units

Court Scheduling Order In re: State of West Virginia, et al. v. U.S. Environmental Protection Agency
Motion to Intervene by the Sierra Club, Natural Resources Defense Council, and Environmental Defense Fund (09-02-2014)
Motion to Intervene by the State of New York et al. (09-02-2014)
Motion for Extension of Time by the U.S. Environmental Protection Agency (09-03-2014)
Motion for Expedition by the State of West Virginia (09-03-2014)

Supporting Documents

Exhibit A: Settlement Agreement with EPA (December 20, 2010)
Exhibit B: Letter to EPA from the State of West Virginia (June 6, 2014)
Exhibit C: EPA Technical Support Document for Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units (June 2014)
Exhibit D: White Paper by Wilkinson Barker Knauer LLP — State Implementation of CO2 Rules: Institutional and Practical Issues with State and Multi-State Implementation and Enforcement (July 2014)
Exhibit E: White Paper by the Center for the New Energy Economy at Colorado State University — A State Planning Guide for Clean Air Act Section 111(d) (July 2014)
Exhibit F: Coal-Dependent Arkansas Faces Stiff Emissions Target and a Running Clock, National Geographic (August 19, 2014)
Exhibit G: Kentucky, Indiana Get Head Start on Global Warming Regs, Louisville Courier-Journal (June 13, 2014)
Exhibit H: Implications of Accelerated Power Plant Retirements, Energy Information Administration (April 28, 2014)
Exhibit I: A Carbon Dioxide Standard for Existing Power Plants: Impacts of the NDRC Proposal, Prepared for the American Coalition for Clean Coal Electricity by National Economic Research Associates, Inc. (March 2014)
Exhibit J: PJM Capacity Performance Proposal, PJM Interconnection (August 20, 2014)

State of West Virginia's Opposition to EPA's Motion to Extend Time to File Dispositive Motions (09-08-2014)
EPA's Opposition to Petitioner's Motion to Set a Consolidated Briefing Schedule and Expedite Consideration (09-18-2014)
The United States' Reply in Support of Motion to Extend Time to File Dispositive Motions and Record (09-18-2014)
State of West Virginia's Reply Brief in Support of Their Motion to Set a Consolidated Briefing Schedule and to Expedite Consideration (09-22-2014)
Court Order Denying State of West Virginia's Motion for Expedition and EPA's Motion to Extend Time (10-21-2014)
Briefing Order (11-4-2014)
Brief for Petitioners State of West Virginia, et al. (11-26-2014)

Exhibits

Amicus Brief in Support of Petitioners (Trade Associations and Pacific Legal Foundation) (12-10-2014)
State of West Virginia’s joint motion concerning oral argument (2-23-2015)
Joint Appendix (2-27-2015)
State of West Virginia’s Final Opening Brief and Exhibits (3-4-2015)
EPA’s Final Response Brief (3-4-2015)
Final Intervenors’ Brief for State of New York, et al. (3-4-2015)
Final Intervenors’ Brief for the Sierra Club, et al. (3-4-2015)
State of West Virginia’s Final Reply Brief (3-4-2015)
Final Amicus Brief in Support of Respondent (NYU Institute for Policy Integrity) (3-4-2015)
Final Amicus Brief in Support of Petitioners (Trade Associations and Pacific Legal Foundation) (3-4-2015)
EPA’s Response in Opposition to motion concerning oral argument (3-6-2015)
State of West Virginia’s Reply to motion concerning oral argument (3-11-2015)
State of West Virginia’s Rule 28(j) Letter (3-19-2015)
State of West Virginia’s Second Rule 28(j) Letter (4-15-2015)
Oral Argument Audio File (4-16-2015)
State of West Virginia’s Third Rule 28(j) Letter (4-24-2015)
Response of States Supporting EPA to WV’s Third 28(j) Letter (4-29-2015)
State of West Virginia's Fourth Rule 28(j) Letter (5-21-2015)
D.C. Circuit Opinion (6-9-2015)
Petition for Rehearing or Rehearing En Banc or, Alternatively, Motion to Stay Mandate (7-24-15)
EPA’s Response in Opposition to Motion to Stay Mandate(8-6-15)
Reply to Response in Opposition to Motion to Stay Mandate (8-14-15)