CPA Files Amicus Brief in Sierra Club Case

On December 14, CPA filed an amicus brief in the Sierra Club et al. v. Scott Pruitt case in federal district court in Oakland, CA.  The decision to file the brief was driven by concerns that, should the court find merit in the plaintiff’s argument that EPA had exceeded its statutory authority in extending the compliance deadline to December 12, 2018, it could vacate the rule and return the compliance deadline to December 12, 2017.  CPA argued in the brief that it would be infeasible to comply by December 12, 2017 due to a number of technical problems with the regulation, including most prominently, the small chamber correlation issue that had still not been resolved by the time of filing.

Two other amicus briefs have been filed; one by the American Home Furnishings Alliance and another by the International Wood Products Association, Kitchen Cabinet Manufacturers Association and National Association of Home Builders.  In both cases, these briefs argued in support of EPA’s positions.

The plaintiffs have since filed a reply brief that adjusts their request to the court, calling for a partial vacatur of the compliance deadline extension to the extent it goes beyond March 22, 2018, but allow certification in compliance with CARB during the transition period currently set for March 22, 2019.  The Federal Government’s reply brief restates its case for summary judgment and challenges the plaintiffs’ proposed new remedies as beyond the court’s authority because it would require EPA rulemaking.   

The court has set a hearing date of January 12, 2018.  CPA will have counsel in attendance at the hearing and will report the outcome to members.See CPA Brief, AHFA Brief, KCMA/IWPA/NAHB brief, Plaintiff’s Reply Brief and EPA’s Reply Brief.  More Info: Jackson Morrill


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