Decided

No. 10-174

American Electric Power Company, Inc., et al. v. Connecticut, et al.

from the United States Court of Appeals for the Second Circuit

See other cases from the Second Circuit.

Docket Entries

JUDGMENT ISSUED.

Record returned to U.S.C.A. for 2nd Circuit.

Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Breyer, and Kagan, JJ., joined. Alito, J., filed an opinion concurring in part and concurring in the judgment, in wh... (orders list)

Argued. For petitioners: Peter D. Keisler, Washington, D. C. For respondent Tennessee Valley Authority in support of petitioners: Neal Kumar Katyal, Acting Solicitor General, Department of Justice, Washington, D. C. For respondents: Barbara D. U...

Reply of respondent Tennessee Valley Authority filed. (Distributed)

Reply of petitioners American Electric Power Company Inc., et al. filed. (Distributed)

Record reeived from U.S.C.A. for Second Circuit. (1 box)

Record received from U.S.C.A. for Second Circuit. (1 box)

Record received from U.S.D.C. for Southern District of New York. This record is electronic and is available on PACER.

Motion for divided argument and enlargement of time for oral argument GRANTED. Justice Sotomayor took no part in the consideration or decision of this motion. (orders list)

Motion for divided argument and enlargement of time for oral argument filed by respondent Tennessee Valley Authority.

Brief amici curiae of Environmental Law Professors filed. (Distributed)

Brief amici curiae of Defenders of Wildlife, et al. filed. (Distributed)

Brief amici curiae of AllEarth Renewables, Inc., et al. filed. (Distributed)

Brief amici curiae of Unitarian Universalist Ministry for Earth, et al. filed. (Distributed)

Brief amici curiae of Tort Law Scholars filed. (Distributed)

Brief amici curiae of James G. Anderson, Ph.D., et al. filed. (Distributed)

Brief amici curiae of North Carolina, et al. filed. (Distributed)

Brief amici curiae of North Coast Rivers Alliance, et al. filed. (Distributed)

Brief amici curiae of Law Professors filed. (Distributed)

Letter from counsel for the State of New Jersey stating that they are no longer a party to this case received. (Distributed)

Brief of respondents Connecticut, et al. filed. (Distributed)

Brief of respondents Open Space Institute, Inc., et al filed. (Distributed)

Letter from counsel for the State of Wisconsin stating that they are no longer a party to this case received. (Distributed)

CIRCULATED.

Brief amici curiae of Law Professors filed.

Brief amicus curiae of National Association of Home Builders filed.

SET FOR ARGUMENT ON Tuesday, April 19, 2011.

Brief amici curiae of Edison Electric Institute, et al. filed.

Brief amici curiae of Chamber of Commerce of the United States of America filed.

Brief amicus curiae of Center for Constitutional Jurisprudence filed.

Brief amici curiae of Association of Global Automakers, et al. filed.

Brief amici curiae of American Petroleum Institute, et al. filed.

Brief amici curiae of National Federation of Independent Business Small Business Legal Center, et al. filed.

Brief amici curiae of Chevron U.S.A. Inc., et al. filed.

Brief amici curiae of Indiana, et al. filed.

Brief amici curiae of Southeastern Legal Foundation, Inc., et al. filed.

Brief amici curiae of American Chemistry Council, et al. filed.

Brief amicus curiae of DRI - Voice of the Defense Bar filed.

Brief amicus curiae of Pacific Legal Foundation filed.

Brief amicus curiae of Washington Legal Foundation filed.

Brief amici curiae of American Farm Bureau Federation, et al. filed.

Brief amicus curiae of Nicholas Johnson filed.

Brief amicus curiae of Cato Institute filed.

Brief amicus curiae of Mountain States Legal Foundation filed.

Brief amici curiae of Representative Fred Upton, et al. filed.

Brief amici curiae of National Black Chamber of Commerce, and Affordable Power Allliance filed.

Brief amicus curiae of Business Roundtable filed.

Brief amici curiae of Consumer Energy Alliance, et al. filed.

Brief of respondent Tennessee Valley Authority in support filed.

Joint appendix filed. (Statement of costs received)

Brief of petitioners American Electric Power Company Inc., et al. filed.

Joint appendix filed.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from Acting Solicitor General, counsel for Tennessee Valley Authority..

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from Acting Solicitor General, counsel for Tennessee Valley Authority.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Open Space Institute, Inc, et al.

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

The time to file respondents' briefs on the merits is extended to and including March 11, 2011.

The time to file the joint appendix and petitioners' brief on the merits is extended to and including January 31, 2011.

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

Petition GRANTED. Justice Sotomayor took no part in the consideration or decision of this petition. (orders list)

DISTRIBUTED for Conference of December 3, 2010.

Reply of petitioners American Electric Power Company Inc., et al. filed. (Distributed)

Brief of respondents Connecticut, et al. in opposition filed.

Order further extending time to file response to petition to and including November 3, 2010, for all respondents.

Brief amicus curiae of Center for Constitutional Jurisprudence filed.

Brief amicus curiae of Mountain States Legal Foundation filed.

Brief amicus curiae of Cato Institute filed.

Brief amici curiae of Indiana, et al. filed.

Brief amici curiae of Law Professors filed.

Brief amici curiae of American Farm Bureau Federation, et al. filed.

Brief amici curiae of Edison Electric Institute, et al. filed.

Brief amicus curiae of Chamber of Commerce of the United States of America filed.

Brief amici curiae of National Federation of Independent Business Small Business Legal Center, et al. filed.

Brief amici curiae of Association of International Automobile Manufacturers, et al. filed.

Brief amici curiae of American Chemistry Council, et al. filed.

Brief amicus curiae of NATSO, Inc. filed.

Brief amicus curiae of Pacific Legal Foundation filed.

Brief amicus curiae of Unions for Jobs and the Environment filed.

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

Brief of respondent Tennessee Valley Authority in support filed.

Order extending time to file response to petition to and including October 4, 2010, for all respondents.

Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for all respondents, except Tennessee Valley Authority.

Consent to the filing of amicus briefs, in support of either party or of neither party, received from Acting Solicitor General, counsel for the Tennessee Valley Authority.

Petition for a writ of certiorari filed. (Response due September 3, 2010)

Application (09A1145) granted by Justice Ginsburg extending the time to file until August 2, 2010.

Application (09A1145) to extend further the time from July 6, 2010 to August 2, 2010, submitted to Justice Ginsburg.

Application (09A1145) granted by Justice Ginsburg extending the time to file until July 6, 2010.

Application (09A1145) to extend the time to file a petition for a writ of certiorari from June 8, 2010 to July 6, 2010, submitted to Justice Ginsburg.

Parties

American Electric Power Company Inc., et al., Petitioner, represented by Peter D. Keisler

American Electric Power Company, Inc., et al., Petitioner, represented by Peter D. Keisler

Connecticut, et al., Respondent, represented by Barbara D. Underwood

New York, Respondent, represented by Barbara D. Underwood

Open Space Institute, Inc., et al, Respondent, represented by Matthew F. Pawa

Tennessee Valley Authority, Respondent, represented by Donald B. Verrilli Jr.

Tennessee Valley Authority, Respondent, represented by Neal Kumar Katyal

Amici Curiae

AllEarth Renewables, Inc., et al., Amicus Curiae, represented by Lori Potter

American Chemistry Council, et al., Amicus Curiae, represented by Richard O. Faulk

American Farm Bureau Federation, et al., Amicus Curiae, represented by Peter S. Glaser

American Petroleum Institute, et al., Amicus Curiae, represented by Charles Fried

Association of Global Automakers, et al., Amicus Curiae, represented by Raymond B. Ludwiszewski

Association of International Automobile Manufacturers, et al., Amicus Curiae, represented by Raymond B. Ludwiszewski

Business Roundtable, Amicus Curiae, represented by Robert Phillip Charrow

Cato Institute, Amicus Curiae, represented by Megan L. Brown

Center for Constitutional Jurisprudence, Amicus Curiae, represented by John C. Eastman

Center for Constitutional Jurisprudence, Amicus Curiae, represented by Anthony T. Caso

Chamber of Commerce of the United States of America, Amicus Curiae, represented by Gregory G. Garre

Chevron U.S.A. Inc., et al., Amicus Curiae, represented by Paul D. Clement

Defenders of Wildlife, et al., Amicus Curiae, represented by Eric R. Glitzenstein

DRI - Voice of the Defense Bar, Amicus Curiae, represented by Robert Matthew Cairns

Edison Electric Institute, et al., Amicus Curiae, represented by Christopher T. Handman

Environmental Law Professors, Amicus Curiae, represented by Amanda C. Leiter

Indiana, et al., Amicus Curiae, represented by Thomas M. Fisher

James G. Anderson, Ph.D., et al., Amicus Curiae, represented by Richard Webster

Law Professors, Amicus Curiae, represented by David B. Rivkin Jr.

Law Professors, Amicus Curiae, represented by James R. May

Mountain States Legal Foundation, Amicus Curiae, represented by Steven J. Lechner

National Association of Home Builders, Amicus Curiae, represented by Amy C. Chai

National Black Chamber of Commerce, and Affordable Power Allliance, Amicus Curiae, represented by Peter S. Glaser

National Federation of Independent Business Small Business Legal Center, et al., Amicus Curiae, represented by Victor E. Schwartz

NATSO, Inc., Amicus Curiae, represented by Tristan L. Duncan

Nicholas Johnson, Amicus Curiae, represented by John P. Krill Jr.

North Carolina, et al., Amicus Curiae, represented by Christopher G. Browning Jr.

North Coast Rivers Alliance, et al., Amicus Curiae, represented by Stephan C. Volker

Pacific Legal Foundation, Amicus Curiae, represented by Damien M. Schiff

Representative Fred Upton, et al., Amicus Curiae, represented by Mary B. Neumayr

Southeastern Legal Foundation, Inc., et al., Amicus Curiae, represented by Shannon Lee Goessling

Tort Law Scholars, Amicus Curiae, represented by Douglas A. Kysar

Unions for Jobs and the Environment, Amicus Curiae, represented by Laurence J Cohen

Unitarian Universalist Ministry for Earth, et al., Amicus Curiae, represented by Ned Miltenberg

Washington Legal Foundation, Amicus Curiae, represented by Cory L. Andrews

 
Last updated: September 11, 2011