No. 23-418

Concerned Household Electricity Consumers Council, et al. v. Environmental Protection Agency

Lower Court: District of Columbia
Docketed: 2023-10-19
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: administrative-law agency-action consumer-group consumer-prices consumer-protection federal-agency-action injury-in-fact price-impact standing
Key Terms:
Environmental AdministrativeLaw JusticiabilityDoctri
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (AI Summary)

Can the 'injury in fact' element of standing be established by an evidentiary showing of increased consumer prices?

Question Presented (from Petition)

QUESTION PRESENTED Can the “injury in fact” element of standing, as to a consumer group challenging a federal agency action, be established by an evidentiary showing that the policies mandated by that agency action have resulted in large increases in consumer prices in the places where they have been implemented? ii PARTIES TO THIS PROCEEDING Petitioners: Concerned Household Electricity Consumers Council, an unincorporated association of the following individuals: Joseph D’Aleo, Clement Dwyer, Jr., Scott Univer, Robin Weaver, and James P. Wallace Hl. FAIR Energy Foundation, a 501(c)(3) non-profit that is not owned by and has no interest in any other entity. Respondent: United States Environmental Protection Agency. Intervenors below: American Lung Association, American Public Health Association, Appalachian Mountain Club, Clean Air Council, Clean Wisconsin, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Council of Maine.

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-15
Waiver of right of respondents American Lung Association, et al. to respond filed.
2023-11-14
DISTRIBUTED for Conference of 12/1/2023.
2023-11-08
Waiver of right of respondent Environmental Protection Agency to respond filed.
2023-10-17
Petition for a writ of certiorari filed. (Response due November 20, 2023)

Attorneys

American Lung Association, et al.
Sean Hoe DonahueDonahue & Goldberg, LLP, Respondent
Sean Hoe DonahueDonahue & Goldberg, LLP, Respondent
Concerned Household Electricity Consumers Council, et al.
Francis J. Menton Jr.Law Office of Francis Menton, Petitioner
Francis J. Menton Jr.Law Office of Francis Menton, Petitioner
Environmental Protection Agency
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent