KCMA, in conjunction with the National Association of Home Builders (NAHB) and the International Wood Products Association (IWPA), filed an Amicus Brief last week in the Sierra Club v. Pruitt litigation. This filing has not been opposed by either the Department of Justice/EPA or the Plaintiffs, the Sierra Club. We wanted to share with you relevant materials put forth thus far in the case:
- On October 31, the Sierra Club filed a lawsuit against EPA Administrator Pruitt to require EPA to adhere to the earlier December 12, 2017, deadline for compliance with the Formaldehyde Emissions Standards for Composite Wood Rule
- On December 7, EPA filed a rebuttal to the lawsuit
- On December 12, KCMA, NAHB, and IWPA filed an Amicus Brief
- On December 14, the American Home Furnishings Alliance and Composite Panel Associationfiled Amicus Briefs
- On December 15, the Sierra Club filed its response
KCMA has worked with the Sidley Austin law firm to develop a one-pager outlining the actions in the case thus far, as well as next steps. EPA's reply brief is due today, December 22, and a hearing is scheduled for January 12, 2018. It is not clear if the court will actually hold the hearing on that date.
In addition, we expect EPA to publish the final lab correlation rule in the next several weeks.