Legal Opinion
Center for Biological Diversity v. Environmental Protection Agency
Court of Appeals for the D.C. Circuit
Decided July 12, 2013No. 11-1101, 11-1285, 11-1328, 11-1336PublishedCited by 23 opinions
1Opinion of the Court
Opinion for the Court filed by Circuit Judge TATEL.
Concurring opinion filed by Circuit Judge KAVANAUGH.
Dissenting opinion filed by Circuit Judge HENDERSON.
*404TATEL, Circuit Judge:
As part of its ongoing effort to limit the emission of greenhouse gases, the Environmental Protection Agency issued a rule deferring regulation of “biogenic” carbon dioxide — non-fossil-fuel carbon dioxide sources such as ethanol — for three years. Citing scientific uncertainty over how to account for biogenic carbon dioxide’s unique role in the carbon cycle, EPA justified this “Deferral Rule” on the basis of the de…
2Cases cited13 opinions
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
- Massachusetts v. Environmental Protection AgencySupreme Court of the United States · 2007
- Mova Pharmaceutical Corp. v. ShalalaCourt of Appeals for the D.C. Circuit · 1998
- Alabama Power Company v. Douglas M. Costle, as Administrator, Environmental Protection Agency, Sierra Club, Intervenors.Court of Appeals for the D.C. Circuit · 1980
- American Petroleum Institute v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2012
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Texas v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2013
- Comite' De Apoyo a Los Trabajadores Agricolas v. PerezCourt of Appeals for the Third Circuit · 2014
- American Lung Association v. EPACourt of Appeals for the D.C. Circuit · 2021
- Transportation Division of the International Association of Sheet Metal, Air, Rail and Tranportation Workers v. FRACourt of Appeals for the D.C. Circuit · 2021
- Am. Fed'n of Gov't Emps. v. TrumpCourt of Appeals for the D.C. Circuit · 2018
18 more not listed; retrieve them via the Exa API.