Legal Opinion

Clean Air Council v. E. Scott Pruitt

Court of Appeals for the D.C. Circuit

Decided July 3, 2017No. 17-1145PublishedCited by 77 opinions

1Opinion of the Court

Dissenting Opinion filed by Circuit Judge BROWN.

2Per curiam

Petitioners, a group of environmental organizations, challenge the Environmental Protection Agency’s decision to stay implementation of portions of a final rule concerning methane and other greenhouse gas emissions. For the reasons set forth in this opinion, we conclude that EPA lacked authority under the Clean Air Act to stay the rule, and we therefore grant petitioners’ motion to vacate the stay.

I

In June 2016, EPA Administrator Gina McCarthy issued a final rule establishing “new source performance standards” for fugitive emissions of methane…

3Cases cited18 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  2. Bennett v. SpearSupreme Court of the United States · 1997
  3. Nken v. HolderSupreme Court of the United States · 2009
  4. Federal Communications Commission v. Fox Television Stations, Inc.Supreme Court of the United States · 2009
  5. Perez v. Mortgage Bankers Assn.Supreme Court of the United States · 2015

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4Cited by77 opinions

  1. Natural Res. Def. Council v. Nat'l Highway Traffic Safety Admin.Court of Appeals for the Second Circuit · 2018
  2. Natural Resources Defense Council v. Andrew WheelerCourt of Appeals for the D.C. Circuit · 2020
  3. Mozilla Corporation v. FCCCourt of Appeals for the D.C. Circuit · 2019
  4. Pearson Education, Inc. v. Yi ShiDistrict Court, S.D. New York · 2007
  5. Air Alliance Hous. v. Envtl. Prot. AgencyCourt of Appeals for the D.C. Circuit · 2018

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