Amicus Curiae Brief — West Virginia, et al., Petitioners v. Environmental Protection Agency, et al.

Nos. 20-1530, 20-1531, 20-1778, 20-1780

Jn The Supreme Court of the Gnited States

WEST VIRGINIA, ET AL.,

PETITIONERS,

Vv.

ENVIRONMENTAL PROTECTION AGENCY, ET AL.,

RESPONDENTS.

(Caption continued on inside cover)

ON WRITS OF CERTIORARI TO THE UNITED STATES COURT OF

APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

BRIEF OF APPLE INC., AMAZON.COM, INC., CUMMINS

INC., DANONE NORTH AMERICA, PBC, GOOGLE LLC,

JOHNSON CONTROLS, INC., LEVI STRAUSS & CO., META

PLATFORMS, INC., MICROSOFT CORPORATION,

NETFLIX, INC., PAYPAL HOLDINGS, INC.,

SALESFORCE.COM, INC., SIEMENS CORPORATION,

TESLA, INC., AND WORKDAY, INC., INSUPPORT OF

RESPONDENTS

LISA S. BLATT

Counsel of Record

MATTHEW B. NICHOLSON

KARI M. LORENTSON*

MIHIR KHETARPAL**

WILLIAMS & CONNOLLY LLP

725 Twelfth Street, N.W.

Washington, DC 20005

(202) 434-5000

lblatt@we.com

Counsel for Amici Curiae

THE NORTH AMERICAN COAL CORPORATION,

PETITIONER,

Vv.

ENVIRONMENTAL PROTECTION AGENCY, ET AL.,

RESPONDENTS.

WESTMORELAND MINING HOLDINGS LLC,

PETITIONER,

Vv.

ENVIRONMENTAL PROTECTION AGENCY, ET AL.,

RESPONDENTS.

NORTH DAKOTA,

PETITIONER,

Vv.

ENVIRONMENTAL PROTECTION AGENCY, ET AL.,

RESPONDENTS.

* Admitted in Illinois and practicing law in the District of Columbia

pending application for admission to the D.C. Bar under the

supervision of bar members pursuant to D.C. Court of Appeals Rule

A9(c)(8).

** Admitted in Maryland and practicing law in the District of

Columbia pending application for admission to the D.C. Bar under the

supervision of bar members pursuant to D.C. Court of Appeals Rule

49(¢)(8).

TABLE OF CONTENTS

Page

INTEREST OF AMICI CURIAK.... ee seeeeees 1

SUMMARY OF ARGUMENT... eceeceteeecseeeeeeceees 1

ARGUMENT ue cscesscescescecscescescsscecsnseecsessececescsnseees 3

I. AMICI ARE COMMITTED TO MITIGATING

CLIMATE CHANGE BY EXPANDING THEIR

USE OF CLEAN ENERGY .... ee eeeeeeeeeees 3

II. EPA’S AUTHORITY TO REGULATE

GREENHOUSE GAS EMISSIONS IS

VITALLY IMPORTANT IN THE FIGHT

AGAINST CLIMATE CHANGE .... ee 15

CONCLUSION oe ccssesccececcensssecensceesssscsensseeseseseeoes 17

(i)

i

TABLE OF AUTHORITIES

Cases:

American Electric Power Co. v. Connecticut,

564 U.S. 410 (2011) we eesstessestseseseeeeeees 15, 16

Massachusetts v. EPA, 549 U.S. 497 (2007).......... 3,15

Statutes:

Clean Air ACt.........csccccssssssecsssscssscssssssesesssesstesssessseensees 15

8 Cc ) ene 3

Other Authorities:

Climate Change, CDP Worldwide (2021),

https://tinyurl.com/2p83jDhB...........sccccscscseseeseseeees 5

EPA, The 2021 EPA Automotive Trends

Report: Greenhouse Gas Emissions, Fuel

Economy, and Technology since 1975

(2021), https://tinyurl.com/3murk9re..............000+ 14

Scope 1 and Scope 2 Inventory Guidance,

EPA, https://tinyurl.com/mr2neb3r..............sceceee 9

Scope 3 Inventory Guidance, EPA,

https://tinyurl.com/3s3Mte4s .........scscsssscereeseeeeees 8

HP, HP Workforce Sustainability Survey:

Global Insights Report (2019),

https://tinyurl.com/yeTedxy3B ........ssscsscsseesseeeesecees 4

Int’l] Energy Agency, Net Zero by 2050: A

Roadmap for the Global Energy Sector 82

(2021), https://tinyurl.com/bddsmfe3.................+ 17

iii

Page

Other Authorities—continued:

Intergovernmental Panel on Climate Change,

Climate Change 2021: The Physical

Scientific Basis, Summary for

Polacymakers (2021),

https://tinyurl.com/2p8sktb.........ccccsesecsssesecsssees 2

Levelized Cost of Energy, Levelized Cost of

Storage, and Levelized Cost of Hydrogen,

Lazard (2021),

https://tinyurl.com/ykafhatw ............scscecescsssresseseees 4

US Forum for Sustainable and Responsible

Investment, Report on US Sustainable

and Impact Investing Trends Executive

Summary (2020),

https://tinyurl.com/2Zp8Ms8hb.............sccscsscescesreens 5

World Resources Inst. & World Wildlife Fund,

Corporate Renewable Energy Buyers’

Principles: Increasing Access to

Renewable Energy (2015),

https://tinyurl.com/2v2ur8ac..........cscsccsscssesrceseeees 16

Press Release, World Wildlife Fund, Fortune

500 Companies Are Acting on the Climate

Crisis—But Is It Enough? (June 2, 2021),

https://tinyurl.com/2yM98ku ...........ccsccssesesresseees 3

INTEREST OF AMICI CURIAE!

Amici, listed below, are among the leading and most

innovative corporations in the United States. Although

Amici’s interests are diverse, they are united in their

efforts to combat climate change and mitigate the ensuing

impacts. To that end, Amici have made commitments to

make increased use of clean energy and to reduce or

remove their carbon footprints. Amici believe that both

corporate and regulatory action are necessary to prevent

the worst impacts of climate change and have a strong

interest in the implementation of sound public policies to

reduce greenhouse gas emissions.

Amici include the following fifteen companies: Apple

Inec.; Amazon.com, Inc.; Cummins Ine.; Danone North

America, PBC; Google LLC; Johnson Controls, Inc.; Levi

Strauss & Co.; Meta Platforms, Inc.; Microsoft

Corporation; Netflix, Inc.; PayPal Holdings, Inc.;

salesforce.com, inc.; Siemens Corporation; Tesla, Inc.;

and Workday, Inc.

SUMMARY OF ARGUMENT

Amici are among the nation’s leading corporations,

representing a wide range of products and services across

the globe. They share a concern that the climate change

crisis presents an urgent threat to our planet and

economy. Based on a vast body of scientific research, it is

“unequivocal” that human activities, especially those

1 The parties have lodged blanket letters of consent to the filing of

amicus curiae briefs. Pursuant to Rule 37.6, Amici affirm that no

counsel for a party authored this brief in whole or in part and no

person other than Amici or their counsel have made any monetary

contributions intended to fund the preparation or submission of this

brief.

(1)

2

emitting greenhouse gases, have warmed the atmosphere,

ocean, and land.?. The rate of recent changes to the

climate is unprecedented over at least the last two

millennia.* And climate change is affecting every

inhabited region of the globe, contributing to extreme

weather events like heatwaves, droughts, and tropical

cyclones.*

Given these alarming realities, Amici believe it is

imperative to confront the threat posed by climate

change. Although Amici come from different industries

and have varied and sometimes competing interests, they

are united in their efforts to combat this threat.

To that end, Amici and many other companies are

taking steps to mitigate climate change, including by

increasing their use of clean energy, reducing their

greenhouse gas emissions, and exploring innovative

means of decarbonizing their businesses. But Amici and

similar companies cannot fight climate change alone. It is

vital that the U.S. Environmental Protection Agency

(“EPA”) play a lead role by regulating greenhouse gas

emissions. Both corporate action and EPA regulation are

needed to reduce emissions at the rate necessary to avoid

the worst impacts of climate change.

Amici are concerned, however, that petitioners and

their amici seek to establish novel barriers that might

prevent EPA from exercising its authority to regulate

2 Intergovernmental Panel on Climate Change, Climate Change 2021:

The Physical Scientific Basis, Summary for Policymakers 4 (2021),

https://tinyurl.com/2p8sktm5.

3 Td. at 6.

4 Td. at 10, 15.

greenhouse gas emissions. Such requests should be

denied, especially given the urgent threat posed by

climate change and the need for stable, nationwide rules

governing such emissions. Amici also share the

government’s view that the Court should not address

petitioners’ contentions regarding section 111(d) of the

Clean Air Act because there is no applicable EPA

regulation currently in effect. But however the Court

resolves this case, it should not impose new impediments

to EPA’s settled authority to regulate greenhouse gas

emissions.

ARGUMENT

I. AMICI ARE COMMITTED TO MITIGATING CLIMATE

CHANGE BY EXPANDING THEIR USE OF CLEAN

ENERGY

A. Amici are a diverse group of corporations. While

Amici’s business areas and strategies differ, all Amici

agree that climate change is “the most pressing

environmental challenge of our time.” Massachusetts v.

EPA, 549 U.S. 497, 505 (2007). Amici must account for the

impacts of climate change when structuring their

operations and managing their supply chains. And Amici

believe it is imperative to confront the climate challenge

now, lest we create greater risks for future generations.

Amici thus are already taking steps to mitigate

climate change. These steps include committing to make

increased use of clean energy to reduce their carbon

footprints. And Amici are not alone. Approximately sixty

percent of Fortune 500 companies have made climate

4

commitments.’ And for good reasons. Amici and other

businesses have found that using clean energy is not only

good for the environment, but also makes sound business

sense. Indeed, expanding use of clean energy and other

emission reducing technologies is critical to furthering

economic growth for companies and the country.

First, businesses are looking more and more to cleanenergy sources, which already are competitive with, and

often cheaper than, conventional sources of energy.®

What is more, the costs of clean energy continue to

decline.” Businesses thus may reduce their energy costs

over the long term by committing to greater use of clean

energy.

Second, a business’ commitment to sustainability is

increasingly important for recruiting and retaining

employees. According to one survey, nearly half of

respondents agreed that top talent would want to work

only at companies that implement sustainable business

practices.» Employees also are more likely to leave

companies that fail to implement such practices.? By

contrast, employees who believe their employers are

committed to sustainability are happier, more productive,

5 Press Release, World Wildlife Fund, Fortune 500 Companies Are

Acting on the Climate Crisis—But Is It Enough? (June 2, 2021),

https://tinyurl.com/2ym98kuu.

8 See Levelized Cost of Energy, Levelized Cost of Storage, and

Levelized Cost of Hydrogen, Lazard (2021),

https://tinyurl.com/ykafhafw.

"Td.

8 HP, HP Workforce Sustainability Survey: Global Insights Report

14 (2019), https://tinyurl.com/ye7edxy3.

9 Id. at 16, 18, 20.

5

and more loyal. Thus, implementing climate-conscious

policies is important for reducing employee turnover and

improving retention.

Third, customers and investors share Amici’s

commitment to reducing greenhouse gas emissions.

Indeed, an increasing number of public- and privatesector customers request not only that the businesses

from which they purchase goods and services take steps

to mitigate climate change, but that the goods and

services themselves employ renewable resources. Anda

growing number of investors and large-scale purchasers

also have such requests. For example, investors

representing $110 trillion in assets and purchasers with

over $5.5 trillion in procurement spending have demanded

disclosure and action on climate change from companies.”

Interest in sustainable investing continues to grow. Ina

2020 report, the United States Forum for Sustainable and

Responsible Investment found that total sustainable

investment assets under management reached $17.1

trillion—a 42 percent increase since 2018 and more than a

25-fold increase since 1995. This represents 1 in 3

dollars of total U.S. assets under professional

management.”

B. Both to protect the environment and to

responsibly grow their businesses, Amici already have

0 Td. at 23.

“Climate Change, CDP Worldwide (2021),

https://tinyurl.com/2p83jbhs.

12 See US Forum for Sustainable and Responsible Investment, Report

on US Sustainable and Impact Investing Trends Executive

Summary 1 (2020), https://tinyurl.com/2p8ms8shb.

8 Td.

6

incorporated climate-change mitigation strategies into

their businesses and have committed to using such

strategies in the future. Several examples are highlighted

below. These examples show that businesses can thrive

while also being good stewards of the planet.

Apple Inc. Apple will become carbon neutral across

its entire business, manufacturing supply chain, and

product life cycle by 2030. The company is already carbon

neutral for its global corporate operations, including

business travel and employee commuting. Its productlife-cycle commitment means that by 2030, every Apple

device sold will have net-zero climate impact.

Apple has detailed its plans to reduce emissions by 75

percent by 2030, while developing innovative carbon

removal solutions for the remaining 25 percent of its

comprehensive footprint. Apple will remain at 100

percent renewable energy for its operations and will focus

on creating new projects and moving its entire supply

chain to clean power. For nearly four years, Apple has

used 100 percent renewable energy for all offices, retail

stores, data centers, and co-located facilities in 44

countries, with 90 percent of the renewable energy

sourced from Apple-created projects.

Within its supply chain, 175 Apple suppliers will

transition to using renewable energy, and the company

and its suppliers will bring online more than 9 gigawatts

of clean power around the world. These actions will avoid

over 18 million metric tons of carbon dioxide emissions

annually—the equivalent of taking over 4 million cars off

the road each year.

Overall, Apple has achieved consistent reductions in

its carbon footprint, even as its net revenue has increased,

7

showing what’s good for the environment can also be good

for business.

Amazon.com, Inc. As part of Amazon’s mission to be

Earth’s most customer-centric company, it is committed

to building a sustainable business for its employees,

customers, and communities. In 2019, Amazon cofounded The Climate Pledge—a commitment to be netzero carbon across its business by 2040. This pledge now

has over 200 corporate signatories in 26 industries across

21 countries. Scaling up the use of renewable energy is

central to Amazon’s strategy to decarbonize its

operations, and Amazon is on a path to power its

operations with 100 percent renewable energy by 2025—

five years ahead of its original target of 2030. In 2020,

Amazon became the world’s largest corporate purchaser

of renewable energy.

Amazon is using a variety of methods to achieve the

transition to renewable energy. For example, Amazon

procures renewable energy beyond the existing grid mix

through off-site contracts for wind and solar, on-site

rooftop solar installations, and green tariffs with local

utilities that result in new projects being added to the

grid.

Cummins Inc. Cummins is a global technology

company that designs, manufactures, distributes, and

services reliable, clean power solutions, including diesel,

natural gas, hybrid, electric, and other alternative

solutions. Established in 1919 and headquartered in

Columbus, Indiana, Cummins serves customers in more

than 190 countries and territories around the world.

Cummins’ mission is to make people’s lives better by

powering a more prosperous world, which is

8

complemented by the company’s vision: innovating for its

customers to power their success.

The company recognizes climate change is an

existential threat and has launched Destination Zero, with

its strategy to go further and faster to reduce the

greenhouse gas and air-quality impacts of its products

and reach net-zero emissions by 2050 in a way that is best

for Cummins and all stakeholders. This work is part of

the companys PLANET 2050 initiative, which also

includes a focus on improving its communities and using

natural resources in the most sustainable way. For 2030,

Cummins’ goals regarding air quality and greenhouse gas

emissions are to reduce absolute greenhouse gas

emissions from facilities and operations by 50 percent;

reduce scope 3% absolute lifetime greenhouse gas

emissions from newly sold products by 25 percent; and to

partner with customers to reduce scope 3 greenhouse gas

emissions from products in the field by 55 million metric

tons.

Google LLC. In 2007, Google became the first major

company to be carbon neutral for operations, and in 2017

it became the first major company to match 100 percent

of its annual electricity use with renewable energy, which

it has achieved for four consecutive years. By 2030,

Google aims to: achieve net-zero emissions across all of its

operations and value chain; become the first major

company to run on carbon-free energy 24 hours a day, 7

days a week, 365 days a year; enable 5 gigawatts of new

14 Scope 3 emissions are indirect emissions that “are the result of

activities from assets not owned or controlled by the reporting

organization, but that the organization indirectly impacts in its value

chain.” Scope 3 Inventory Guidance, EPA,

https://tinyurl.com/8s3mte4s.

9

carbon-free energy through investments in key

manufacturing regions; help more than 500 cities and local

governments reduce an aggregate of 1 gigaton of carbon

emissions annually; and help 1 billion people make more

sustainable choices by 2022 through its core products.

Johnson Controls, Inc. Johnson Controls is

committed to mitigating climate change, supporting

customers in cutting their carbon footprints through

offerings such as OpenBlue Net Zero Buildings. As a

global leader in smart, healthy, sustainable building

technology solutions, Johnson Controls has made

sustainability a central focus of its operations for decades.

Among the earliest industrial companies to report

emissions and pledge emission reductions, the company

has made tremendous progress—reducing carbon

emissions intensity by more than 70 percent since 2002.

Johnson Controls is taking significant steps to

further reduce its environmental impact. As a signatory

to The Climate Pledge, Johnson Controls has committed

to achieve net-zero scope 1 and 2 carbon emissions by

2040." The company also has committed to 100 percent

renewable energy by 2040 and has set ambitious

emissions reduction targets approved by the Science

Based Targets initiative to reduce scope 1 and 2 emissions

by 55 percent and scope 3 emissions by 16 percent by

2030.

146 Scope 1 emissions are direct greenhouse gas emissions that occur

from sources controlled or owned by an organization, and scope 2

emissions are indirect greenhouse gas emissions associated with the

purchase of electricity, steam, heat, or cooling. Scope 1 and Scope 2

Inventory Guidance, EPA, https://tinyurl.com/mr2neb3r.

10

Johnson Controls also recently became the first

industrial company to issue an Integrated Sustainable

Finance Framework as well as a Sustainability-Linked

Bond. These steps build on the company’s earlier

leadership in green finance with its prior green bond

issuance and the linking of its senior credit facility to

sustainability metrics.

Meta Platforms, Inc. Meta believes sustainability is

an opportunity to support the communities it is part of and

make a bigger impact on the world. In 2020, Meta

achieved net-zero emissions in its operations, reducing its

emissions by more than 94 percent compared to 2017

levels, and it also achieved 100 percent renewable energy

for its operations by supporting new wind and solar

projects. As one of the largest corporate renewable

energy buyers, Meta has contracts in place for more than

7,000 megawatts of renewable energy across five

countries. Meta’s goal is to achieve net-zero emissions

across its value chain in 2030 and be water positive by

2030.

A core part of Meta’s approach to reaching net-zero

emissions is making long-term commitments to new

renewable energy projects and adding renewable

capacity to the grids that support its fourteen data centers

across the United States. Meta is known for its

pioneering approach to renewable energy procurement

and working with utilities to create green tariffs in

regulated electricity markets. These enable customers to

incorporate a specific source of renewable energy into

their utility energy spending. Meta has led by example by

being the first customer to participate in seven new or

updated programs across the country, such as the

Tennessee Valley Authority’s (“TVA”) Green Invest

program. TVA estimates that nearly $2.7 billion in solar

11

investment has been generated since the program’s

inception.

Meta released a study in May 2021 that looked at the

economic impact of 55 solar and wind projects that

support its U.S. data centers. During construction, these

renewable energy projects have supported or will support

over 42,000 jobs across the country, many in underresourced communities, and contribute more than $4.3

billion in U.S. gross domestic product.

Microsoft Corporation. Microsoft is committed to

shifting to a 100 percent supply of renewable energy by

2025 and being carbon negative by 2030 for all scopes of

its emissions. By 2050, Microsoft will remove from the

environment all the carbon that the company has emitted

either directly or indirectly by electrical consumption

since it was founded in 1975. Microsoft is developing

technology to help its customers and suppliers reduce

their carbon footprints and has established a $1 billion

climate innovation fund to accelerate the development and

deployment of new climate-focused innovations, including

carbon reduction and removal technologies. Microsoft is

also committed to making carbon reduction an explicit

aspect of its procurement processes for its supply chain.

PayPal Holdings, Inc. PayPal has remained at the

forefront of digital payment innovations for more than

twenty years. The company’s mission is to democratize

financial services and empower consumers and merchants

worldwide to join and thrive in the global economy by

leveraging technology to make financial services and

commerce more convenient, affordable, and secure.

PayPal recognizes its responsibility to promote an

inclusive and sustainable digital economy. The company

has set a goal to reach net-zero greenhouse gas emissions

12

by 2040 across its value chain, established medium-term

science-based targets, and reached nearly 100 percent

renewable energy in its data centers. PayPal also believes

in the potential of digital financial inclusion to help the

underserved build climate resilience and_ seize

opportunities in the global net-zero economy.

salesforce.com, inc. Salesforce is committed to

creating a sustainable future by accelerating the world's

largest businesses to net zero, sequestering 100 gigatons

of carbon through conserving, restoring, and growing one

trillion trees; protecting our oceans; and energizing the

ecopreneur revolution. Salesforce is a net-zero company

across its full value chain today, but the journey continues

with a focus to reduce value chain emissions 50 percent by

2030 (relative to a 2019 baseline) and to near zero by 2040.

Salesforce’s goal is to align its full value chain to a 1.5

degree Celsius emissions trajectory. In fiscal year 2022,

Salesforce purchased enough renewable energy to offset

against all of the electricity it uses globally.

Since first committing to this goal in 2013, Salesforce

has been working to accelerate the global transition to

clean and renewable sources of electricity with the aim for

a future where renewable energy is powering the world

around the clock. Salesforce also launched its Net Zero

Cloud, which is designed to help companies across all

industries track and reduce their emissions as well as take

action through a full view of their environmental footprint

with investor-grade data for customizable environmental,

social, and governance reporting. Salesforce recognizes

that the protection of our planet requires everyone—

governments, investors, businesses, individuals—

working together, today, to take climate action.

13

Siemens Corporation. Throughout its 170-year

history, Siemens has helped shape and transform the

infrastructure, manufacturing and __ transportation

industries that now form the backbone of the U.S.

economy. Siemens is advancing the technologies of the

future in the fields of electrification, decarbonization,

resource efficiency, and digital technologies.

In September 2015, Siemens became one of the first

global industrial companies to announce its intention to

become carbon neutral in its operating business by 2030,

and it has already reduced emissions by 54 percent.

Siemens has since deepened its commitment by deciding

to become not just carbon neutral, but carbon net zero

across its global operations by 2030. Siemens is further

committed to a science-based reduction pathway along its

entire value chain, and is aiming for an entirely emissionfree supply chain by 2050.

Siemens is also one of very few companies worldwide

to sign up for four ambitious sustainability initiatives at

once: the RE100, EP100, and EV100 initiatives led by the

Climate Group, as well as the Science Based Targets

initiative.

Siemens is backing these ambitions with

systematized, measurable, and specific long-term targets

for environment, social, and governance topics, and

Siemens has added sustainability as a_ strategic

imperative for its investment decisions. Siemens wants to

advance sustainability by creating value for all its

stakeholders, driving sustainable growth with its

customers, and creating a better tomorrow for the

communities it serves.

Tesla, Inc. Tesla was founded in 2008 on the principle

that electric cars can be faster, safer, and more fun to

14

drive than internal combustion cars. Its very mission is to

accelerate the world’s transition to sustainable energy.

Tesla currently manufactures four all electric vehicles:

the Model S sedan, the Model X sport utility vehicle, the

Model 8 sedan, and the Model Y crossover. These cars

represent the future of automotive innovation and

manufacturing, and Tesla vehicles are recognized as

having the lowest carbon dioxide emissions (0 g/mi) and

highest fuel economy (126 miles per gallon equivalent) of

all the vehicles manufactured in the United States.”

Tesla’s business is not limited to cars, but also

includes an ecosystem of clean energy generation and

storage products. The combination of solar and storage

has been utilized for commercial and residential use, as a

part of a virtual power plant that can eliminate the need

for centralized power, establish microgrids for rural areas

or islands, and provide critical infrastructure needs after

natural disasters. Tesla’s factories are also designed with

sustainability in mind, and the company is shifting its own

energy consumption to renewable energy as quickly as

possible throughout all of its operations, including its U.S.

Supercharging network and manufacturing facilities. For

example, Tesla’s Gigafactory Nevada was designed to be

covered with solar panels. The factory is on its way to

installing 24,000 kilowatts of solar capacity by the end of

this year, making it the largest rooftop solar installation

in the United States. Tesla’s other American

manufacturing facilities in Fremont, California; Lathrop,

California; Austin, Texas; and Buffalo, New York have all

installed and continue to expand significant solar arrays.

16 HPA, The 2021 EPA Automotive Trends Report: Greenhouse Gas

Emissions, Fuel Economy, and Technology since 1975, at 18 (2021),

https://tinyurl.com/3murk9re.

15

Workday, Inc. Workday recognizes the need for

governments and companies to take urgent and

meaningful action to address climate change and remains

active in supporting this effort. Workday achieved netzero carbon emissions across its global offices, data

centers, and business travel in 2020. Workday has long

adopted clean and renewable energy, and in its fiscal year

2021, it matched 100 percent of electricity use at offices

and data centers globally with clean, renewable sources.

The company provides all of its customers—more than

9,500 globally—with a carbon-neutral cloud. Workday

has committed to set science-based emissions reduction

targets—across the entire value chain—that are

consistent with keeping global warming to 1.5 degrees

Celsius above pre-industrial levels.

II. EPA’S AUTHORITY TO REGULATE GREENHOUSE

GAS EMISSIONS IS VITALLY IMPORTANT IN THE

FIGHT AGAINST CLIMATE CHANGE

Although Amici and other companies have taken

steps to combat climate change, EPA’s authority to

regulate greenhouse gas emissions is vitally important.

This Court recognized that EPA has such authority under

the Clean Air Act in Massachusetts v. HPA, 549 U.S. 497

(2007), which concerned emissions from new motor

vehicles. And in American Electric Power Co. v.

Connecticut, 564 U.S. 410 (2011), this Court held that the

Clean Air Act also “speaks directly” to emissions of

greenhouse gases from power plants. Jd. at 424.

As those cases reflect, EPA’s authority to regulate

greenhouse gasses is critical to addressing “the most

pressing environmental challenge of our time”: climate

change. Massachusetts, 549 U.S. at 505 (citation omitted).

This is true for several reasons.

16

First, given the complexity of the problem, “i]t is

altogether fitting that Congress [through the Clean Air

Act] designated an expert agency, here, EPA, as best

suited to serve as primary regulator of greenhouse gas

emissions.” Am. Elec., 564 U.S. at 428. And EPA is well

“equipped to do the job,” as it can draw on a wealth of

“scientific, economic, and technological resources.” Id.

Second, although Amici and certain other companies

have taken steps to reduce their carbon footprints, those

steps on their own are not enough to solve a problem as

massive as climate change. Both voluntary corporate

action and public regulatory action are needed to drive

down emissions at the pace and scale necessary to avoid

the worst impacts of climate change.

Third, EPA action will not only reduce greenhouse

gas emissions, but also create greater opportunities for

the development of clean energy and related technologies.

Those developments, in turn, will help companies achieve

their own clean-energy commitments. This is critical, as

billions of kilowatt hours of clean energy are still needed

for companies to meet their goals.”

Fourth, only EPA can promulgate regulations that

set consistent, nationwide baselines for reducing

greenhouse gas emissions. Consistent, nationwide

regulation is crucial because climate change is not limited

to any particular state, but rather affects the entire

country and indeed the globe. Nationwide regulation is

needed to ensure that emissions are reduced at the scale

necessary to mitigate the impacts of climate change.

“ World Resources Inst. & World Wildlife Fund, Corporate

Renewable Energy Buyers’ Principles: Increasing Access to

Renewable Energy 2 (2015), https://tinyurl.com/2v2ur8ac.

17

Moreover, Amici and other companies have operations

spanning many states. Nationwide regulation of

emissions will help ensure that clean energy and other

greenhouse-gas mitigation technologies are available

wherever in the country companies operate.

Fifth, EPA regulation of greenhouse gas emissions

will provide greater certainty for industry. Amici and

other companies must strategically plan for their future

energy needs, and regulatory certainty will help

companies commit to using clean energy. Stable,

nationwide regulations also will spur additional innovation

and investment in clean energy and related technologies,

which is a predicate for achieving the emission reductions

needed to address climate change. ”®

For all these reasons, EPA’s authority to regulate

greenhouse gas emissions is critical to combatting climate

change. Amici share EPA’s goal of reducing such

emissions and have taken steps to do so. But, as noted,

Amici and similar companies obviously cannot prevent

climate change alone. Thus, however the Court resolves

this case, it should not erect novel barriers to prevent

EPA from exercising its settled authority to regulate

greenhouse gas emissions.

CONCLUSION

The Court should dismiss the petitions, either for

lack of standing or as improvidently granted, because

there is no pertinent EPA regulation currently in effect.

To the extent the Court decides the case on the merits,

however, it should reject petitioners’ efforts to erect novel

18 See Int'l Energy Agency, Net Zero by 2050: A Roadmap for the

Global Energy Sector 82 (2021), https://tinyurl.com/bddsmfe3.

18

barriers to prevent EPA from regulating greenhouse gas

emissions.

Respectfully submitted,

LISA S. BLATT

Counsel of Record

MATTHEW B. NICHOLSON

KARI M. LORENTSON*

MIHIR KHETARPAL**

WILLIAMS & CONNOLLY

LLP

725 Twelfth Street, N.W.

Washington, DC 20005

(202) 484-5000

lblatt@we.com

JANUARY 25, 2022

* Admitted in Illinois and practicing law in the District of Columbia

pending application for admission to the D.C. Bar under the

supervision of bar members pursuant to D.C. Court of Appeals Rule

A9(c)(8).

** Admitted in Maryland and practicing law in the District of

Columbia pending application for admission to the D.C. Bar under the

supervision of bar members pursuant to D.C. Court of Appeals Rule

A9(e)(8).