Record returned to the 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. (1 envelope)

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

Reply of petitioner Shell Oil Company filed. (Distributed)

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

Record reciefed from the U.S.D.C. for the Eastern District of California (Resno) (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)

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 Washington Legal Foundation filed. VIDED.

Brief amicus curiae of Teck Cominco Metals, Ltd. filed.

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 Civil Justice Association of California filed.

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

Brief amicus curiae of International Association of Defense Counsel filed.

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

Brief of petitioner Shell Oil Company 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 case 07-1601. VIDED.

Petition GRANTED and consolidated with No. 07-1601, and a total of one hour is allotted for oral argument. (orders list)

DISTRIBUTED for Conference of September 29, 2008.

Reply of petitioner Shell Oil Company filed. (Distributed)

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

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

Brief amicus curiae of Civil Justice Association of California filed.

Brief amicus curiae of International Association of Defense Counsel filed.

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

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)

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

Shell Oil Company, Petitioner, represented by Kathleen M. Sullivan

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

Civil Justice Association of California, Amicus Curiae, represented by Fred J. Hiestand

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

International Association of Defense Counsel, Amicus Curiae, represented by Bradley S. Pauley

International Association of Defense Counsel, Amicus Curiae, represented by Felix Shafir

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.

Teck Cominco Metals, Ltd., Amicus Curiae, represented by Theodore B. Olson

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