from the United States Court of Appeals for the Fourth Circuit
See other cases from the Fourth Circuit.
JUDGMENT ISSUED.
Judgment VACATED and case REMANDED. Souter, J., delivered the opinion of the Court, in which Roberts, C. J., and Stevens, Scalia, Kennedy, Ginsburg, Breyer, and Alito, JJ., joined, and in which Thomas, J., joined as to all but Part III-A. Thomas, J. fil (orders list)
Argued. For petitioners: Sean H. Donahue, Washington, D.C. For respondent United States in support of petitioners: Thomas G. Hungar, Deputy Solicitor General, Department of Justice, Washington, D.C. For respondent Duke Energy Corporation: Carter G.
Petitioner's proposed lodging approved and filed (20 copies each of the brief of Industry Petitioners, settlement agreement, and certified CA-4 transcript). DISTRIBUTED.
Reply of United States as respondent supporting peittioners filed. (Distributed).
Reply of petitioners Environmental Defense, et al. filed. (Distributed).
Record received from U.S.D.C. for Middle District of North Carolina (Greensboro) (6 boxes)
Motion for divided argument filed by the Solicitor General GRANTED. (orders list)
Motion of Alabama, et al. for leave to participate in oral argument as amicus curiae and for divided argument DENIED. (orders list)
Record received from U.S.C.A. for 4th Circuit. (1 box)
Petitioners' response to motion of Alabama, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
Motion for divided argument filed by the Solicitor General.
Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
Brief amici curiae of American Public Power Association and National Rural Electric Cooperative Association filed. (Distributed)
Brief amici curiae of International Brotherhood of Boilermakers, et al. filed. (Distributed)
Brief amicus curiae of U.S. Representative Joe L Barton filed. (Distributed)
Brief amicus curiae of Electric Utility Industry filed. (Distributed)
Brief amici curiae of Alabama, et al. filed. (Distributed)
Brief of respondent Duke Energy Corporation filed. (Distributed)
Motion of Alabama, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
Brief amicus curiae of Manufacturers Association Work Group filed. (Distributed)
Brief amicus curiae of Walter C. Barber filed. (Distributed)
Brief amicus curiae of National Environmental Development Association filed. (Distributed)
Brief amici curiae of Law Professors filed. (Distributed)
Brief amicus curiae of APA Watch filed. (Distributed)
CIRCULATED.
SET FOR ARGUMENT on Wednesday, November 1, 2006.
Brief amici curiae of Former EPA Administrators Carol M.Browner and Russell E. Train filed.
Brief amici curiae of Chesapeake Bay Foundation and Adirondack Mountain Club filed.
Brief amici curiae of STAPPA and ALAPCO
Brief amici curiae of New Jersey, et al. filed.
Brief of respondent United States in support filed.
Joint appendix filed. (Joint appendix in two volumes).
Brief of petitioners Environmental Defense, et al. filed.
Brief amici curiae of Law Professors John E. Bonine, et al. filed.
Brief amici curiae of New York, et al. filed.
Brief amici curiae of American Lung Association, et al. filed.
Brief amici curiae of National Parks Conservation Association, et al. filed.
Brief amici curiae of Current and Former Members of Congress Henry Waxman, et al. filed.
Consent to the filing of amicus briefs in support of either party received from counsel for the petitioners.
Extension of time within which to file the respondent's brief on the merits to and including September 15, 2006.
Consent for the filing of amicus briefs in support of either/neither party received from counsel for the respondent.
Extension of time within which to file the joint appendix and petitioners' brief on the merits to and including July 21, 2006.
Petition GRANTED. (orders list)
Reply of petitioners Environmental Defense, et al. filed. (Distributed)
Brief of respondent United States in opposition filed.
Brief amici curiae of National Parks Conservation Association, et al. filed.
Brief of respondent Duke Energy Corporation in opposition filed.
Brief amici curiae of New York, et al. filed.
Order extending time to file response to petition to and including March 8, 2006, for all respondents.
Petition for a writ of certiorari filed. (Response due February 6, 2006)
Response to application from respondent Duke Energy Corporation filed.
Application (05A441) granted by The Chief Justice extending the time to file until December 28, 2005.
Application (05A441) to extend the time to file a petition for a writ of certiorari from November 28, 2005 to January 12, 2006, submitted to The Chief Justice.
Environmental Defense, et al., Petitioner, represented by Sean H. Donahue
Duke Energy Corporation, Respondent, represented by F. William Brownell
Duke Energy Corporation, Respondent, represented by Paul D. Clement
Duke Energy Corporation et al., Respondent, represented by Thomas G. Hungar
Alabama, et al., Amicus Curiae, represented by Kevin C. Newsom
American Lung Association, et al., Amicus Curiae, represented by Hope M. Babcock
American Public Power Association and National Rural Electric Cooperative Association, Amicus Curiae, represented by Janet Pitterle Holt
APA Watch, Amicus Curiae, represented by Lawrence J. Joseph
Chesapeake Bay Foundation and Adirondack Mountain Club, Amicus Curiae, represented by Michael D. Goodstein
Current and Former Members of Congress Henry Waxman, et al., Amicus Curiae, represented by Stephanie Tai
Electric Utility Industry, Amicus Curiae, represented by P. Stephen Gidiere III
Former EPA Administrators Carol M.Browner and Russell E. Train, Amicus Curiae, represented by Holly D. Gordon
International Brotherhood of Boilermakers, et al., Amicus Curiae, represented by Scott H. Segal
Law Professors, Amicus Curiae, represented by David B. Rivkin Jr.
Law Professors John E. Bonine, et al., Amicus Curiae, represented by Jared Aram Goldstein
Manufacturers Aassociation Work Group, Amicus Curiae, represented by Charles H. Knauss
National Environmental Development Association's Clean Air Project, Amicus Curiae, represented by Lorane F. Hebert
National Parks Conservation Association, et al., Amicus Curiae, represented by George E. Hays
New Jersey, et al., Amicus Curiae, represented by Kevin Peter Auerbacher
New York, et al., Amicus Curiae, represented by Caitlin Joan Halligan
State and Territorial Air Pollution Program Administrators and Association of Local Air Pollution Control Officials, Amicus Curiae, represented by Richard E Ayres
U.S. Representative Joe L Barton, Amicus Curiae, represented by George C. Landrith
Walter C. Barber, Amicus Curiae, represented by Robert L. Brubaker
Washington Legal Foundation, Amicus Curiae, represented by Paul D. Kamenar