USCA Case #17-1155

Document #1690788

Filed: 08/30/2017

Page 1 of 2

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

No. 17-1155

September Term, 2016
EPA-82FR27133
Filed On: August 30, 2017

Air Alliance Houston, et al.,
Petitioners
v.
Environmental Protection Agency and E.
Scott Pruitt, Administrator, U.S.
Environmental Protection Agency,
Respondents
-----------------------------United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and
Service Workers International Union,
AFL-CIO-CLC, et al.,
Intervenors
-----------------------------Consolidated with 17-1181

BEFORE:

Kavanaugh, Pillard, and Wilkins, Circuit Judges

ORDER
Upon consideration of the motion for stay and expedition or, in the alternative,
summary disposition and vacatur, the notice of joinder in the motion, the oppositions to
the motion, the reply, the motion for additional time in briefing schedule, and the
opposition thereto, it is
ORDERED that the motion for stay be denied. The movants have not satisfied
the stringent standards for a stay pending court review. See Nken v. Holder, 556 U.S.
418, 434 (2009); D.C. Circuit Handbook of Practice and Internal Procedures 33 (2017).
It is

 USCA Case #17-1155

Document #1690788

Filed: 08/30/2017

Page 2 of 2

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

No. 17-1155

September Term, 2016

FURTHER ORDERED that the motion for summary disposition and vacatur be
denied. The merits of the parties' positions are not so clear as to warrant summary
action. See Cascade Broadcasting Group, Ltd. v. FCC, 822 F.2d 1172, 1174 (D.C. Cir.
1987) (per curiam). It is
FURTHER ORDERED that the motion for expedition be granted and that the
Clerk schedule these consolidated cases for oral argument on the first appropriate date
following the completion of briefing. It is
FURTHER ORDERED that the motion for additional time in briefing schedule be
denied. It is
FURTHER ORDERED that, within fourteen days of the date of this order, the
parties submit proposed formats and schedules for the briefing of these consolidated
cases. The parties are strongly urged to submit a joint proposal and are reminded that
the court looks with extreme disfavor on repetitious submissions and will, where
appropriate, require a joint brief of aligned parties with total words not to exceed the
standard allotment for a single brief. Whether the parties are aligned or have disparate
interests, they must provide detailed justifications for any request to file separate briefs
or to exceed in the aggregate the standard word allotment. Requests to exceed the
standard word allotment must specify the word allotment necessary for each issue.
Per Curiam

FOR THE COURT:
Mark J. Langer, Clerk
BY:

2

/s/
Robert J. Cavello
Deputy Clerk