USCA Case #15-1363 Document #1600246 Filed: 02/23/2016 Page 1 of 10

ORAL ARGUMENT HAS BEEN SCHEDULED FOR JUNE 2, 2016 No. 15-1363 (and consolidated cases)

In the Court of Appeals for the District of Columbia Circuit ────────────────────────── STATE OF WEST , et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents. ────────────────────────── NOTICE OF INTENT OF MEMBERS OF CONGRESS TO FILE BRIEF AS AMICI CURIAE IN SUPPORT OF PETITIONERS ────────────────────────── On Petition for Review from the Environmental Protection Agency

Jeffrey H. Wood Ed R. Haden Sean B. Cunningham Chase T. Espy BALCH & BINGHAM LLP BALCH & BINGHAM LLP 601 Pennsylvania Avenue NW 1901 Sixth Avenue North Suite 825 South Suite 1500 Washington, DC 20004 Birmingham, AL 35203-2015 Telephone: (202) 347-6000 Telephone: (205) 251-8100 E-mail: [email protected] E-mail: [email protected] [email protected] [email protected]

Attorneys for Amici Curiae Members of Congress

February 23, 2016 USCA Case #15-1363 Document #1600246 Filed: 02/23/2016 Page 2 of 10

NOTICE OF INTENT TO FILE BRIEF AS AMICI CURIAE The 34 Senators and 171 Representatives listed below, in their official capacity as officers of the United States and pursuant to Fed. R. App. P. 29(a) and

D.C. Circuit Rule 29(b) and (d), hereby notify the Court of their intention to file a brief as Amici Curiae in support of Petitioners. In light of the issues in this case involving the Clean Air Act, 42 U.S.C. § 7401 et seq., Amici seek to provide new and additional insights for the benefit of the Court as it considers this important matter. Moreover, Amici have strong institutional interests in preserving Congress’ role in making law for the nation, including the determination of climate change- related laws and policies.

List of Amici Curiae Senator Mitch McConnell of Kentucky Senator Dan Coats of Indiana Senator James M. Inhofe of Oklahoma Senator of Representative of , Senator Michael D. Crapo of Idaho 4th Congressional District Senator of Texas Representative Ed Whitfield of Kentucky, 1st Congressional District Senator Steve Daines of Montana Senator of Senator Michael B. Enzi of Senator John Barrasso of Wyoming Senator Deb Fischer of Nebraska Senator of Senator Orrin G. Hatch of Utah Senator John Boozman of Arkansas Senator John Hoeven of North Dakota Senator Shelly Moore Capito of West Senator Ron Johnson of Wisconsin Virginia Senator James Lankford of Oklahoma Senator Bill Cassidy of Louisiana

2 USCA Case #15-1363 Document #1600246 Filed: 02/23/2016 Page 3 of 10

Senator Joe Manchin of West Virginia Representative Lou Barletta of Pennsylvania, 11th Congressional Senator John McCain of Arizona District Senator Lisa Murkowski of Representative Andy Barr of Kentucky, Senator Rand Paul of Kentucky 6th Congressional District Senator James E. Risch of Idaho Representative of Texas, 6th Congressional District Senator Pat Roberts of Kansas Representative of Florida, Senator M. Michael Rounds of South 12th Congressional District Dakota Representative of Senator of Florida Michigan, 8th Congressional District Senator of Representative Rob Bishop of Utah, 1st Congressional District Senator Richard C. Shelby of Alabama Representative of Senator Dan Sullivan of Alaska Tennessee, 6th Congressional District Senator John Thune of South Dakota Representative of Senator Patrick J. Toomey of Tennessee, 7th Congressional District Pennsylvania Representative of Illinois, Senator David Vitter of Louisiana 12th Congressional District Senator Roger Wicker of Mississippi Representative Charles W. Boustany, Jr. of Louisiana, 3rd Congressional District Speaker Paul Ryan of Wisconsin, 1st Congressional District Representative of Texas, 8th Congressional District Majority Leader Kevin McCarthy of , 23rd Congressional District Representative Jim Bridenstine of Oklahoma, 1st Congressional District Majority Whip of Louisiana, 1st Congressional District Representative of Alabama, 5th Congressional District Representative Cathy McMorris Rodgers of Washington, 5th Representative Susan W. Brooks of Congressional District Indiana, 5th Congressional District Representative of Texas, Representative of , 36th Congressional District 4th Congressional District

3 USCA Case #15-1363 Document #1600246 Filed: 02/23/2016 Page 4 of 10

Representative of Representative John Abney Culberson Indiana, 8th Congressional District of Texas, 7th Congressional District Representative Michael C. Burgess of Representative Rodney Davis of Illinois, Texas, 26th Congressional District 13th Congressional District Representative Bradley Byrne of Representative of Alabama, 1st Congressional District California, 10th Congressional District Representative of Representative Ron DeSantis of Florida, California, 42nd Congressional District 6th Congressional District Representative Earl L. ‘Buddy’ Carter of Representative Scott DesJarlais of Georgia, 1st Congressional District Tennessee, 4th Congressional District Representative John R. Carter of Texas, Representative Sean P. Duffy of 31st Congressional District Wisconsin, 7th Congressional District Representative of , Representative of South 1st Congressional District Carolina, 3rd Congressional District Representative Jason Chaffetz of Utah, Representative John J. Duncan, Jr. of 3rd Congressional District Tennessee, 2nd Congressional District Representative of Representative Renee Ellmers of North Colorado, 6th Congressional District Carolina, 2nd Congressional District Representative of Oklahoma, Representative of 4th Congressional District Texas, 27th Congressional District Representative Chris Collins of New Representative of York, 27th Congressional District Tennessee, 3rd Congressional District Representative Doug Collins of Georgia, Representative John Fleming of 9th Congressional District Louisiana, 4th Congressional District Representative K. Michael Conaway of Representative of Texas, Texas, 11th Congressional District 17th Congressional District Representative Kevin Cramer of North Representative J. Randy Forbes of Dakota, At-Large Congressional District Virginia, 4th Congressional District Representative Ander Crenshaw of Representative of North Florida, 4th Congressional District Carolina, 5th Congressional District

4 USCA Case #15-1363 Document #1600246 Filed: 02/23/2016 Page 5 of 10

Representative of Arizona, Representative of 8th Congressional District Missouri, 4th Congressional District Representative Scott Garrett of New Representative of Texas, Jersey, 5th Congressional District 5th Congressional District Representative of Ohio, 7th Representative Jody B. Hice of Georgia, Congressional District 10th Congressional District Representative of Texas, Representative J. of 1st Congressional District Arkansas, 2nd Congressional District Representative of Representative Richard Hudson of North Virginia, 6th Congressional District Carolina, 8th Congressional District Representative Paul A. Gosar of Representative Tim Huelskamp of Arizona, 4th Congressional District Kansas, 1st Congressional District Representative of Texas, Representative of 12th Congressional District Michigan, 2nd Congressional District Representative of Representative of Texas, 23rd Louisiana, 6th Congressional District Congressional District Representative of Missouri, Representative Robert Hurt of Virginia, 6th Congressional District 5th Congressional District Representative Tom Graves of Georgia, Representative Evan H. Jenkins of West 14th Congressional District Virginia, 3rd Congressional District Representative H. of Representative Lynn Jenkins of Kansas, Virginia, 9th Congressional District 2nd Congressional District Representative of Representative Bill Johnson of Ohio, 6th Wisconsin, 6th Congressional District Congressional District Representative Frank C. Guinta of New Representative of Texas, Hampshire, 1st Congressional District 3rd Congressional District Representative of Representative Walter B. Jones of North Kentucky, 2nd Congressional District Carolina, 3rd Congressional District Representative Gregg Harper of Representative Jim Jordan of Ohio, 4th Mississippi, 3rd Congressional District Congressional District

5 USCA Case #15-1363 Document #1600246 Filed: 02/23/2016 Page 6 of 10

Representative Mike Kelly of Representative Tom Marino of Pennsylvania, 3rd Congressional District Pennsylvania, 10th Congressional District Representative of Mississippi, 1st Congressional District Representative of Kentucky, 4th Congressional District Representative Steve King of Iowa, 4th Congressional District Representative Michael T. McCaul of Texas, 10th Congressional District Representative of Illinois, 16th Congressional District Representative Tom McClintock of California, 4th Congressional District Representative John Kline of Minnesota, 2nd Congressional District Representative David B. McKinley of West Virginia, 1st Congressional Representative Doug LaMalfa of District California, 1st Congressional District Representative Martha McSally of Representative of Arizona, 2nd Congressional District Colorado, 5th Congressional District Representative of North Representative Robert E. Latta of Ohio, Carolina, 11th Congressional District 5th Congressional District Representative Luke Messer of Indiana, Representative of Missouri, 6th Congressional District 7th Congressional District Representative John L. Mica of Florida, Representative of 7th Congressional District Georgia, 11th Congressional District Representative Jeff Miller of Florida, 1st Representative Frank D. Lucas of Congressional District Oklahoma, 3rd Congressional District Representative of Representative of Michigan, 4th Congressional District Missouri, 3rd Congressional District Representative Alex X. Mooney of West Representative Cynthia M. Lummis of Virginia, 2nd Congressional District Wyoming, At-Large Congressional District Representative of Oklahoma, 2nd Congressional District Representative of Texas, 24th Congressional District Representative Tim Murphy of Pennsylvania, 18th Congressional District

6 USCA Case #15-1363 Document #1600246 Filed: 02/23/2016 Page 7 of 10

Representative of Representative Reid Ribble of Texas, 19th Congressional District Wisconsin, 8th Congressional District Representative of Representative Scott Rigell of Virginia, Washington, 4th Congressional District 2nd Congressional District Representative Richard B. Nugent of Representative David P. Roe of Florida, 11th Congressional District Tennessee, 1st Congressional District Representative of Representative Harold Rogers of California, 22nd Congressional District Kentucky, 5th Congressional District Representative of Texas, Representative Mike Rogers of 22nd Congressional District Alabama, 3rd Congressional District Representative Steven M. Palazzo of Representative of Mississippi, 4th Congressional District California, 48th Congressional District Representative Stevan Pearce of New Representative Todd Rokita of Indiana, Mexico, 2nd Congressional District 4th Congressional District Representative of Representative Peter J. Roskam of Pennsylvania, 4th Congressional District Illinois, 6th Congressional District Representative of Representative Keith J. Rothfus of , 9th Congressional Pennsylvania, 12th Congressional District District Representative Joseph R. Pitts of Representative of North Pennsylvania, 16th Congressional Carolina, 7th Congressional District District Representative Steve Russell of Representative of Texas, 2nd Oklahoma, 5th Congressional District Congressional District Representative of Texas, Representative of Kansas, 32nd Congressional District 4th Congressional District Representative John Shimkus of Illinois, Representative John Ratcliffe of Texas, 15th Congressional District 4th Congressional District Representative Bill Shuster of Representative of Ohio, Pennsylvania, 9th Congressional District 16th Congressional District Representative Michael K. Simpson of Idaho, 2nd Congressional District

7 USCA Case #15-1363 Document #1600246 Filed: 02/23/2016 Page 8 of 10

Representative Adrian Smith of Representative of Nebraska, 3rd Congressional District Indiana, 2nd Congressional District Representative of Missouri, Representative of 8th Congressional District California, 45th Congressional District Representative of Texas, Representative Randy K. Weber of 21st Congressional District Texas, 14th Congressional District Representative Chris Stewart of Utah, Representative Daniel Webster of 2nd Congressional District Florida, 10th Congressional District Representative of Ohio, Representative Brad R. Wenstrup of 15th Congressional District Ohio, 2nd Congressional District Representative Marlin A. Stutzman of Representative of Indiana, 3rd Congressional District Arkansas, 4th Congressional District Representative Glenn ‘GT’ Thompson Representative Lynn A. Westmoreland of Pennsylvania, 5th Congressional of Georgia, 3rd Congressional District District Representative Roger Williams of Representative of Texas, 25th Congressional District Texas, 13th Congressional District Representative Joe Wilson of South Representative Patrick J. Tiberi of Ohio, Carolina, 2nd Congressional District 12th Congressional District Representative Robert J. Wittman of Representative Scott R. Tipton of Virginia, 1st Congressional District Colorado, 3rd Congressional District Representative of Representative David A. Trott of Arkansas, 3rd Congressional District Michigan, 11th Congressional District Representative Rob Woodall of Georgia, Representative Michael R. Turner of 7th Congressional District Ohio, 10th Congressional District Representative Kevin Yoder of Kansas, Representative of 3rd Congressional District Missouri, 2nd Congressional District Representative Ted S. Yoho of Florida, Representative of 3rd Congressional District Michigan, 7th Congressional District Representative of Alaska, Representative Greg Walden of Oregon, At-Large Congressional District 2nd Congressional District

8 USCA Case #15-1363 Document #1600246 Filed: 02/23/2016 Page 9 of 10

Representative Todd C. Young of Representative Ryan Zinke of Montana, Indiana, 9th Congressional District At-Large Congressional District

/s/ Ed. R. Haden Counsel for Amici Curiae

OF COUNSEL: Jeffrey H. Wood Ed R. Haden Sean B. Cunningham Chase T. Espy BALCH & BINGHAM LLP BALCH & BINGHAM LLP 601 Pennsylvania Avenue NW 1901 Sixth Avenue North Suite 825 South Suite 1500 Washington, DC 20004 Birmingham, AL 35203-2015 Telephone: (202) 347-6000 Telephone: (205) 251-8100 E-mail: [email protected] E-mail: [email protected] [email protected] [email protected]

9 USCA Case #15-1363 Document #1600246 Filed: 02/23/2016 Page 10 of 10

CERTIFICATE OF SERVICE Pursuant to D.C. Cir. R. 25(c), I hereby certify that, on this the 23rd day of

February, 2016, I caused the foregoing document to be electronically filed with the

Clerk of Court via the CM/ECF system, which shall effect service upon all counsel

of record who are registered CM/ECF users.

/s/ Ed R. Haden Counsel for Amici Curiae

10