Summary
The D.C. Circuit granted petitions for rehearing en banc in consolidated cases involving Climate United Fund, Citibank, N.A., the Environmental Protection Agency, and the EPA Administrator. The court vacated its September 2, 2025 judgment, continued a partial administrative stay, and set oral argument for February 24, 2026, with associated briefing deadlines.
Topics
Practice areas
Questions Presented
- Whether the petitions for rehearing en banc should be granted.
- Whether the court's September 2, 2025 judgment should be vacated and the consolidated cases reheard en banc.
Holdings
- The petitions for rehearing en banc are granted because a majority of the judges eligible to participate voted in favor of the petitions.
- The court's September 2, 2025 judgment is vacated, and the consolidated cases will be reheard by the court sitting en banc.
Key quotations
“These consolidated cases will be reheard by the court sitting en banc.” (Page 2)
“It is FURTHER ORDERED that the court’s judgment filed September 2, 2025, be vacated.” (Page 2)
Factual background
The order concerns consolidated litigation involving Climate United Fund, Citibank, N.A., the Environmental Protection Agency, and the EPA Administrator. The order does not resolve the underlying factual or substantive disputes; it addresses only rehearing en banc and related briefing and argument procedures.
Procedural history
The consolidated appeals arose from the United States District Court for the District of Columbia, Case No. 1:25-cv-00698-TSC. After the court issued a judgment on September 2, 2025, the parties filed petitions for rehearing en banc. A majority of the judges eligible to participate voted in favor of rehearing, and the court granted the petitions, vacated its prior judgment, and ordered en banc rehearing.