Case: Air Alliance Houston v. EPA

25-01143 | U.S. Court of Appeals for the District of Columbia Circuit

Filed Date: June 12, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 12, 2025, twelve environmental organizations filed a petition for review in the United States Court of Appeals for the District of Columbia Circuit challenging an Environmental Protection Agency (EPA) action¹. The petitioners included Air Alliance Houston, Center for Biological Diversity, Citizens for Pennsylvania's Future, Clean Air Council, Dakota Resource Council, Downwinders at Risk, Environmental Defense Fund, Environmental Integrity Project, Environmental Law & Policy Center, Mont…

On June 12, 2025, twelve environmental organizations filed a petition for review in the United States Court of Appeals for the District of Columbia Circuit challenging an Environmental Protection Agency (EPA) action¹. The petitioners included Air Alliance Houston, Center for Biological Diversity, Citizens for Pennsylvania's Future, Clean Air Council, Dakota Resource Council, Downwinders at Risk, Environmental Defense Fund, Environmental Integrity Project, Environmental Law & Policy Center, Montana Environmental Information Center, Natural Resources Defense Council, Inc., and Sierra Club. They sought review of the EPA's final action promulgating the "Annex I Stationary Sources List," which identified 47 electric generating companies and their associated coal-fired power plants and facilities subject to Presidential Proclamation 10914 titled "Regulatory Relief for Certain Stationary Sources To Promote American Energy." The petition was filed under Clean Air Act Section 7607(b)(1), seeking judicial review of this EPA regulatory action that had been published in the Federal Register on April 21, 2025.

On October 16, 2025, the court granted a motion to hold this case in abeyance. The parties were directed to file motions to govern future proceedings by April 15, 2026, or within 30 days of final action by the Environmental Protection Agency, depending on which came first. As of April 1, 2026, there have been no additional filings.

Summary Authors

Ben Hefter (4/1/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70532271/parties/air-alliance-houston-v-epa/


Expert/Monitor/Master/Other

Attorney, Ryan Maher, (District of Columbia)

Attorney, Brian Hamilton (District of Columbia)

Attorney, Tomas Carbonell, (District of Columbia)

Attorney, Sarah A. (District of Columbia)

Brown, Laura Jane (District of Columbia)

Documents in the Clearinghouse

Documents in this case
1208748401

25-01143

Petition for Review

Air Alliance Houston v. United States Environmental Protection Agency

U.S. District Court for the District of District of Columbia

June 12, 2025

June 12, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70532271/air-alliance-houston-v-epa/

Last updated April 20, 2026, 3:09 a.m.

ECF Number Date Description Link
1208748401 June 12, 2025

PETITION FOR REVIEW [2120694] of a decision by federal agency filed by Air Alliance Houston, Center for Biological Diversity, Citizens for Pennsylvanias Future, Clean Air Council, Dakota Resource Council, Downwinders at Risk, Environmental Defense Fund, Environmental Integrity Project, Environmental Law & Policy Center, Montana Environmental Information Center, Natural Resources Defense Council, Inc. and Sierra Club [Service Date: 06/13/2025 ] Disclosure Statement: Attached. [25-1143] [Entered: 06/13/2025 01:08 PM]

Clearinghouse
June 12, 2025

PETITION FOR REVIEW CASE docketed. [25-1143] [Entered: 06/13/2025 01:06 PM]

1208748404 June 13, 2025

CLERK'S ORDER [2120696] filed directing party to file initial submissions: PETITIONER docketing statement due 07/14/2025. PETITIONER certificate as to parties due 07/14/2025. PETITIONER statement of issues due 07/14/2025. PETITIONER underlying decision due 07/14/2025. PETITIONER deferred appendix statement due 07/14/2025. PETITIONER procedural motions due 07/14/2025. PETITIONER dispositive motions due 07/28/2025; directing party to file initial submissions: RESPONDENT entry of appearance due 07/14/2025. RESPONDENT procedural motions due 07/14/2025. RESPONDENT certified index to record due 07/28/2025. RESPONDENT dispositive motions due 07/28/2025 [25-1143] [Entered: 06/13/2025 01:11 PM]

RECAP
1208748416 June 13, 2025

CERTIFIED COPY [2120702] of Petition for Review sent to respondent [2120694-2], [2120696-4] [25-1143] [Entered: 06/13/2025 01:18 PM]

RECAP
1208757212 July 14, 2025

ENTRY OF APPEARANCE [2125281] filed by Albert Lin on behalf of Respondents EPA and Lee M. Zeldin. [25-1143] (Lin, Albert) [Entered: 07/14/2025 03:58 PM]

RECAP
1208757308 July 14, 2025

DOCKETING STATEMENT [2125330] filed by Air Alliance Houston, Center for Biological Diversity, Citizens for Pennsylvania's Future, Clean Air Council, Dakota Resource Council, Downwinders at Risk, Environmental Defense Fund, Environmental Integrity Project, Environmental Law & Policy Center, Montana Environmental Information Center, Natural Resources Defense Council, Inc. and Sierra Club [Service Date: 07/14/2025 ] [25-1143] (Kolman, Chloe) [Entered: 07/14/2025 05:23 PM]

RECAP
1208757314 July 14, 2025

STATEMENT OF ISSUES [2125332] filed by Air Alliance Houston, Center for Biological Diversity, Citizens for Pennsylvania's Future, Clean Air Council, Dakota Resource Council, Downwinders at Risk, Environmental Defense Fund, Environmental Integrity Project, Environmental Law & Policy Center, Montana Environmental Information Center, Natural Resources Defense Council, Inc. and Sierra Club [Service Date: 07/14/2025 ] [25-1143] (Kolman, Chloe) [Entered: 07/14/2025 05:25 PM]

RECAP
1208757317 July 14, 2025

UNDERLYING DECISION IN CASE [2125333] submitted by Air Alliance Houston, Center for Biological Diversity, Citizens for Pennsylvania's Future, Clean Air Council, Dakota Resource Council, Downwinders at Risk, Environmental Defense Fund, Environmental Integrity Project, Environmental Law & Policy Center, Montana Environmental Information Center, Natural Resources Defense Council, Inc. and Sierra Club [Service Date: 07/14/2025 ] [25-1143] (Kolman, Chloe) [Entered: 07/14/2025 05:26 PM]

RECAP
1208757326 July 14, 2025

STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [2125336] filed by Air Alliance Houston, Center for Biological Diversity, Citizens for Pennsylvania's Future, Clean Air Council, Dakota Resource Council, Downwinders at Risk, Environmental Defense Fund, Environmental Integrity Project, Environmental Law & Policy Center, Montana Environmental Information Center, Natural Resources Defense Council, Inc. and Sierra Club [Service Date: 07/14/2025 ] Intent: AppxDeferred [25-1143] (Kolman, Chloe) [Entered: 07/14/2025 05:33 PM]

RECAP
1208758639 July 17, 2025

UNOPPOSED MOTION [2126077] to extend time to file initial submissions to 09/26/2025 filed by EPA and Lee M. Zeldin [Service Date: 07/17/2025 ] Length Certification: 377 words. [25-1143] (Lin, Albert) [Entered: 07/17/2025 06:00 PM]

RECAP
1208758825 July 18, 2025

CLERK'S ORDER [2126164] filed granting motion to extend time [2126077-2]; extending Clerk order initial submissions for appellant/petitioner [2120696-2] PETITIONER dispositive motions due 09/26/2025; extending Clerk order initial submissions for appellee/respondent [2120696-3] RESPONDENT dispositive motions due 09/26/2025 [25-1143] [Entered: 07/18/2025 12:31 PM]

RECAP
1208760945 July 25, 2025

NOTICE [2127293] to substitute attorney Albert Lin substituted by Zoe B. Palenik, Laura J. Brown filed by EPA and Lee M. Zeldin [Service Date: 07/25/2025 ] [25-1143] (Palenik, Zoe) [Entered: 07/25/2025 12:48 PM]

RECAP
1208761661 July 28, 2025

CERTIFIED INDEX TO RECORD [2127645] filed by EPA and Lee M. Zeldin [Service Date: 07/28/2025 ] [25-1143] (Palenik, Zoe) [Entered: 07/28/2025 05:23 PM]

RECAP
1208763304 Aug. 4, 2025

CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2128519] filed by Air Alliance Houston, Center for Biological Diversity, Citizens for Pennsylvania's Future, Clean Air Council, Dakota Resource Council, Downwinders at Risk, Environmental Defense Fund, Environmental Integrity Project, Environmental Law & Policy Center, Montana Environmental Information Center, Natural Resources Defense Council, Inc. and Sierra Club [Service Date: 08/04/2025 ] [25-1143] (Kolman, Chloe) [Entered: 08/04/2025 10:45 AM]

RECAP
1208763931 Aug. 5, 2025

MOTION [2128844] to hold case in abeyance filed by EPA and Lee M. Zeldin (Service Date: 08/05/2025 by CM/ECF NDA) Length Certification: 997. [25-1143] (Brown, Laura) [Entered: 08/05/2025 02:00 PM]

1 Motion Filed

View on RECAP

2 Rule 27(a)(4) Certification

View on RECAP

1208763999 Aug. 5, 2025

UNOPPOSED MOTION [2128882] to extend time to file response to 08/19/2025 filed by Air Alliance Houston, Center for Biological Diversity, Citizens for Pennsylvania's Future, Clean Air Council, Dakota Resource Council, Downwinders at Risk, Environmental Defense Fund, Environmental Integrity Project, Sierra Club, Natural Resources Defense Council, Inc., Montana Environmental Information Center and Environmental Law & Policy Center [Service Date: 08/05/2025 ] Length Certification: 297 words. [25-1143] (Kolman, Chloe) [Entered: 08/05/2025 03:28 PM]

RECAP
1208764653 Aug. 7, 2025

CLERK'S ORDER [2129187] filed granting motion to extend time [2128882-2]; directing response to motion to hold case in abeyance [2128844-2] Response due on 08/19/2025 [25-1143] [Entered: 08/07/2025 06:06 PM]

RECAP
1208764873 Aug. 8, 2025

MOTION [2129297] for leave to intervene [Disclosure Listing: Attached] filed by TALEN MONTANA, LLC [Service Date: 08/08/2025 ] [25-1143] (Frank, Joshua) [Entered: 08/08/2025 12:02 PM]

1 UNOPPOSED Motion for Leave to Intervene Filed

View on RECAP

2 Exhibit 1

View on RECAP

3 Exhibit 2

View on RECAP

1208767863 Aug. 19, 2025

RESPONSE IN OPPOSITION [2130931] to motion [2128844-2] filed by Air Alliance Houston, Center for Biological Diversity, Citizens for Pennsylvania's Future, Clean Air Council, Dakota Resource Council, Downwinders at Risk, Environmental Defense Fund, Environmental Integrity Project, Environmental Law & Policy Center, Montana Environmental Information Center, Natural Resources Defense Council, Inc. and Sierra Club [Service Date: 08/19/2025 by CM/ECF NDA] Length Certification: 4,563 words. [25-1143] (Kolman, Chloe) [Entered: 08/19/2025 04:48 PM]

RECAP
1208770041 Aug. 26, 2025

REPLY [2132117] filed by EPA and Lee M. Zeldin to response [2130931-2] [Service Date: 08/26/2025 by CM/ECF NDA] Length Certification: 2,588 words. [25-1143] (Palenik, Zoe) [Entered: 08/26/2025 03:10 PM]

RECAP
1208771288 Aug. 29, 2025

NOTICE [2132734] to substitute attorney Patton Dycus substituted by Sanghyun Lee, Abel Russ filed by Environmental Integrity Project [Service Date: 08/29/2025 ] [25-1143] (Lee, Sanghyun) [Entered: 08/29/2025 02:57 PM]

RECAP
1208773221 Sept. 5, 2025

LETTER [2133753] pursuant to FRAP 28j advising of additional authorities filed by EPA and Lee M. Zeldin [Service Date: 09/05/2025 ] [25-1143] (Palenik, Zoe) [Entered: 09/05/2025 04:49 PM]

RECAP
1208781502 Oct. 1, 2025

CLERK'S ORDER [2138081] filed granting motion for leave to intervene [2129297-2] [25-1143] [Entered: 10/01/2025 11:02 AM]

RECAP
1208786537 Oct. 16, 2025

PER CURIAM ORDER [2140670] filed ORDERED that the motion to hold in abeyance [2128844-2] be granted and that this case be held in abeyance pending further order of the court. The parties are directed to file motions to govern future proceedings by April 15, 2026, or within 30 days of final action by the Environmental Protection Agency on the proposed repeal, whichever is earlier. Before Judges: Katsas, Walker and Childs. [25-1143] [Entered: 10/16/2025 04:47 PM]

Clearinghouse
1208786537 Oct. 16, 2025

PER CURIAM ORDER [2140670] filed ORDERED that the motion to hold in abeyance [2128844-2] be granted and that this case be held in abeyance pending further order of the court. The parties are directed to file motions to govern future proceedings by April 15, 2026, or within 30 days of final action by the Environmental Protection Agency on the proposed repeal, whichever is earlier. Before Judges: Katsas, Walker and Childs. [25-1143] [Entered: 10/16/2025 04:47 PM]

Clearinghouse
1208786537 Oct. 16, 2025

PER CURIAM ORDER [2140670] filed ORDERED that the motion to hold in abeyance [2128844-2] be granted and that this case be held in abeyance pending further order of the court. The parties are directed to file motions to govern future proceedings by April 15, 2026, or within 30 days of final action by the Environmental Protection Agency on the proposed repeal, whichever is earlier. Before Judges: Katsas, Walker and Childs. [25-1143] [Entered: 10/16/2025 04:47 PM]

Clearinghouse

Case Details

State / Territory:

District of Columbia

Case Type(s):

Environmental Justice

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: June 12, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Petitioners include multiple environmental organizations.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Earthjustice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Case Details

Other Dockets:

U.S. Court of Appeals for the District of Columbia Circuit 25-01143

Special Case Type(s):

Appellate Court is initial court

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Stay of government action

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Other

Recommended Citation