Decided

No. 14-623

CPV Maryland, LLC v. Talen Energy Marketing, LLC, fka PPL EnergyPlus, LLC, et al.

from the United States Court of Appeals for the Fourth Circuit

See other cases from the Fourth Circuit.

Docket Entries

JUDGMENT ISSUED

Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Sotomayor, J., filed a concurring opinion. Thomas, J., filed an opinion concurring in part and concurring in the judgment. VIDED

Argued. For petitioners in 14-614: Scott H. Strauss, Washington, D. C. For petitioner in 14-623: Clifton S. Elgarten, Washington, D. C. For respondents: Paul D. Clement, Washington, D. C.; and Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) VIDED

Reply of petitioner CPV Maryland, LLC filed. VIDED. (Distributed)

Reply of petitioners in 14-614 filed. VIDED. (Distributed).

Supplemental brief of respondents Talen Energy Marketing, LLC, fka PPL EnergyPlus, LLC, et al. filed. VIDED. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED

Joint motion for divided argument filed by petitioners GRANTED. VIDED

Brief amicus curiae of Allco Renewable Energy Limited filed. VIDED. (Distributed)

Brief amicus curiae of Monitoring Analytics, LLC, Acting in its Capacity as Independent Market Monitor for PJM filed. VIDED. (Distributed)

Brief amici curiae of Electric Power Suppy Association, et al. filed. VIDED. (Distributed)

Brief amicus curiae of American Electric Power Company, Inc. filed. VIDED. (Distributed)

Brief amici curiae of Leading Economists filed. VIDED. (Distributed)

Brief amicus curiae of United States filed. VIDED. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.

CIRCULATED.

Joint motion for divided argument filed by petitioners. VIDED.

Brief of respondents Talen Energy Marketing, LLC, fka PPL EnergyPlus, LLC, et al. filed. VIDED.

SET FOR ARGUMENT ON Wednesday, February 24, 2016

Brief amici curiae of Public Service Commission of the State of New York, et al. filed. VIDED.

Brief amicus curiae of National Association of Regulatory Utility Commissioners filed. VIDED.

Brief amici curiae of American Public Power Association, et al. filed. VIDED.

Brief amicus curiae of NRG Energy, Inc. filed. VIDED.

Brief amicus curiae of Public Utility Law Project of New York, Inc. filed. VIDED.

Brief amicus curiae of The American Wind Energy Association filed. VIDED.

Brief amici curiae of National Governors Association, et al. filed. VIDED.

Brief amici curiae of The States of Connecticut, et al. filed. VIDED.

Brief amicus curiae of Public Citizen, Inc. filed. VIDED.

Joint appendix filed (2 volumes.) (Statement of costs filed.) VIDED.

Brief of petitioner CPV Maryland, LLC filed. VIDED.

Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for all respondents. VIDED

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.

The time to file respondents' brief on the merits is extended to and including January 12, 2016. VIDED

The time to file the joint appendix and petitioners' briefs on the merits is extended to and including December 8, 2015. VIDED

Petition GRANTED The petition for a writ of certiorari in No. 14-614 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.

DISTRIBUTED for Conference of October 16, 2015.

Supplemental brief of petitioner CPV Maryland, LLC filed.

Brief amicus curiae of United States filed. VIDED.

The Solicitor General is invited to file a brief in this case expressing the views of the United States.

DISTRIBUTED for Conference of March 20, 2015.

Reply of petitioner CPV Maryland, LLC filed.

Brief of respondents PPL EnergyPlus, LLC, et al. in opposition filed. VIDED.

Brief amici curiae of American Public Power Association, et al. filed. VIDED.

Brief amici curiae of The States of Connecticut, et al. filed. VIDED.

Brief amicus curiae of National Association of Regulatory Utility Commissioners filed. VIDED.

Order extending time to file response to petition to and including February 11, 2015.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.

Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioner CPV Maryland, LLC. VIDED

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners Nazarian, et al.

Petition for a writ of certiorari filed. (Response due December 29, 2014)

Application (14A282) granted by The Chief Justice extending the time to file until November 27, 2014.

Application (14A282) to extend the time to file a petition for a writ of certiorari from September 28, 2014 to November 27, 2014, submitted to The Chief Justice.

Parties

CPV Maryland, LLC, Petitioner, represented by Clifton S. Elgarten

W. Kevin Hughes, Chairman, Maryland Public Service Commission, et al., Petitioner, represented by Scott H. Strauss

Talen Energy Marketing, LLC, fka PPL EnergyPlus, LLC, et al., Respondent, represented by Paul D. Clement

Amici Curiae

Allco Renewable Energy Limited, Amicus Curiae, represented by Thomas Michael Melone

American Electric Power Company, Inc., Amicus Curiae, represented by Jessica L. Ellsworth

American Public Power Association, et al., Amicus Curiae, represented by John Peter Coyle

Electric Power Suppy Association, et al., Amicus Curiae, represented by Ashley C. Parrish

Leading Economists, Amicus Curiae, represented by John C. O'Quinn

Monitoring Analytics, LLC, Acting in its Capacity as Independent Market Monitor for PJM, Amicus Curiae, represented by Jeffrey W. Mayes

National Association of Regulatory Utility Commissioners, Amicus Curiae, represented by James Bradford Ramsay

National Governors Association, et al., Amicus Curiae, represented by William R. Stein

NRG Energy, Inc., Amicus Curiae, represented by Jeffrey A. Lamken

Public Citizen, Inc., Amicus Curiae, represented by Scott L. Nelson

Public Service Commission of the State of New York, et al., Amicus Curiae, represented by Jonathan D. Feinberg

Public Utility Project of New York, Inc., Amicus Curiae, represented by Gerald A. Norlander

The American Wind Energy Association, Amicus Curiae, represented by Eugene Grace

The States of Connecticut, et al., Amicus Curiae, represented by Seth A. Hollander

United States, Amicus Curiae, represented by Ann O'Connell

United States, Amicus Curiae, represented by Donald B. Verrilli Jr.

 
Last updated: March 29, 2017