How to listen to oral arguments in HPBA v. EPA on Jan. 28

On January 28, 2021, the DC Circuit Court will hear oral arguments for

Judge Pillard

Hearth, Patio & Barbecue Assoc. v. EPA, No. 15-1056.  The lawsuit, filed by HPBA in June 2015, was initially a broader challenge to key parts of the regulations governing new emission standards for wood and pellet heaters. HPBA has dropped almost all elements of the lawsuit except the audit provisions, which continue to be hotly contested. Those provisions will be the focus of the oral arguments on January 28.

Every case in the DC Court of Appeals is assigned to three judges who can sway the outcome of the case. More interesting and telling than the oral arguments of the litigants will likely be the questions of the judges, which may indicate which way they lean. This case was assigned to Judge Karen Henderson, appointed by George H.W. Bush in 1990, and Judges Nina Pillard and Robert Wilkins who were appointed by Barack Obama in 2013 and 2014, respectively. Judges Pillard and Wilkins may be more likely to side with EPA while Judge Henderson may lean more conservative.

Judge Wilkins

The intervenors in the case, represented by Tim Ballo of Earthjustice, as of now are requesting time for an oral argument on the 28th.

The case is listed as the first one of the day, at 9:30 AM, on the official schedule but is listed as third on the court's oral argument schedule. We will update this blog as we learn more about timing and who is arguing for each side. 

 

Judge Henderson

Members of the public can listen to the oral arguments but there is no video to watch. The amount of time per side has not yet been posted, but each side will likely have 10-15 minutes to argue. If you miss the live arguments, archived recordings can be accessed here. Recordings are uploaded regularly, perhaps as frequently as by 2:00 pm the same day as the oral argument.