Update on Federal Environmental Litigation Cases

The WSTA is currently represented by the Texas Public Policy Foundation in four federal cases related to environmental regulation of the trucking industry. Below is a status update on the cases from the TPPF.

D.C. Circuit Cases

Am. Public Health Assn. v. EPA (D.C. Cir.)

Case No. 26-1037: This is a petition for review challenging EPA’s rescission of the 2009 Endangerment Finding. In April 2026 the D.C. Circuit granted our motion to intervene as respondents to defend EPA. Our clients in this case are Western States Trucking Association, Construction Industry Air Quality Coalition, Merit Oil, and Liberty Packing. We’ve asked the court to commence the briefing schedule on January 1 and hold oral argument in the spring of 2027.  The Petitioners are dragging their feet.  We expect this case will go to the Supreme Court in late 2027.

Three other cases pending in the D.C. Circuit: Western States Trucking Association v. EPA (D.C. Cir.)

Case Nos. 23-1143, 24-1157, 24-1158: These three cases are petitions for review of (1) the Affordable Clean Trucks Rule, (2) the 2024 Light-Medium Duty Rule, and (3) the 2024 Heavy Duty Rule. They are in various stages of proceedings in the D.C. Circuit.

U.S. Supreme Court Cases

We were asked by the U.S. Chamber of Commerce to serve as amici in support of their petition for certiorari in the case of Chamber of Commerce v. EPA, No. 26-298.  Also, the Commonwealth of Kentucky asked us to do the same in connection with their cert petition in Kentucky v. EPA (Case No. 26-277).  Both cases deal with challenges to EPA’s tightening of the PM2.5 NAAQS under the Biden Administration.