Additional record returned to the U.S.D.C for the Eastern District of California.

Record returned to U.S.D.C. for the Eastern District of California.

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED Stevens, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Souter, Thomas, Breyer, and Alito, JJ., joined. Ginsburg, J., filed a dissenting opinion. VIDED. (orders list)

Argued. For petitioner in No. 07-1607: Kathleen M. Sullivan, New York, N.Y. For petitioners in No. 07-1601: Maureen E. Mahoney, Washington, D.C. For respondents: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D.C.

Additional record received from the U.S.D.C. for the Eastern District of California. (Fresno)

Reply of petitioners Burlington Northern and Santa Fe Railway Company, et al. filed. VIDED. (Distributed)

Motion for divided argument filed by petitioners GRANTED. VIDED. (orders list)

Record received from the U.S.D.C. for the Eastern District of California. (Fresno) (25 boxes) This record was sent by the U.S.C.A. for the 9th Circuit.

Record received from the U.S.C.A. for the 9th Circuit. (1 envelope)

Joint motion for divided argument filed by petitioners. VIDED.

Brief of respondent California filed. VIDED. (Distributed)

Brief of respondent United States filed. VIDED. (Distributed)

The time for respondent Department of Toxic Substances Control within which to file the brief on the merits is extended to and including December 22, 2008. VIDED.

SET FOR ARGUMENT ON Tuesday, February 24, 2009

CIRCULATED.

Brief amicus curiae of General Electric Company filed. VIDED.

Brief amici curiae of Chamber of Commerce of the United States, et al. filed. VIDED.

Brief amicus curiae of Association of American Railroads filed. VIDED.

Brief amici curiae of Newmont USA Limited and CanadianOxy Offshore Production Co. filed. VIDED.

Brief amicus curiae of Washington Legal Foundation filed. VIDED.

Brief amicus curiae of Product Liability Advisory Council, Inc. filed. VIDED.

Brief of petitioners Burlington Northern and Santa Fe Railway Company, et al. filed. VIDED.

Joint appendix filed. Statement of costs received. VIDED.

Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for the petitioners in case 07-1607. VIDED.

Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for the petitioners in 07-1601. VIDED.

Petition GRANTED and consolidated with No. 07-1607, and a total of one hour is allotted for oral argument. (orders list)

DISTRIBUTED for Conference of September 29, 2008.

Reply of petitioners Burlington Northern and Santa Fe Railway Company, et al. filed. (Distributed)

Brief of respondents United States, et al. in opposition filed. VIDED.

Brief amici curiae of Chamber of Commerce of the United States, et al. filed. VIDED.

Brief amicus curiae of Association of American Railroads filed.

Order extending time to file response to petition to and including August 25, 2008, for all respondents.

Petition for a writ of certiorari filed. (Response due July 25, 2008)

Appendix of Burlington Northern and Santa Fe Railway Company, et al. filed.

Burlington Northern and Santa Fe Railway Company, et al., Petitioner, represented by Maureen E. Mahoney

California, Respondent, represented by Kenneth P. Alex

United States, et al., Respondent, represented by Gregory G. Garre

United States, et al., Respondent, represented by Elena Kagan

Association of American Railroads, Amicus Curiae, represented by Carter G. Phillips

Chamber of Commerce of the United States, et al., Amicus Curiae, represented by Thomas C. Jackson

General Electric Company, Amicus Curiae, represented by Laurence H. Tribe

Newmont USA Limited, and CanadianOxy Offshore Production Co., Amicus Curiae, represented by Joel W. Nomkin

Product Liability Advisory Council, Inc., Amicus Curiae, represented by Charles H. Moellenberg Jr.

Washington Legal Foundation, Amicus Curiae, represented by Lawrence A. Salibra II