Record returned for U.S.C.A. District of Columbia Circuit.

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined. Alito, J., took no part in the consideration or decision of the cases. VIDED

Argued. For petitioners: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For State and Local respondents: Jonathan F. Mitchell, Solicitor General, Austin, Tex. For Industry and Labor respondents: Peter Keisler, Washington, D. C.

Reply of petitioners American Lung Association, et al. filed. (Distributed)

Reply of Respondent States and Cities in support of petitioners filed. VIDED. (Distributed)

Reply of respondents Calpine Corporation and Exelon Corporation in support of petitioners filed. VIDED. (Distributed)

Reply of respondents Environmental Protection Agency, et al. filed. VIDED. (Distributed)

Motion for divided argument filed by respondents GRANTED. Justice Alito took no part in the consideration or decision of this motion.

Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED. (Distributed)

Brief amici curiae of West Virginia and 8 Other States filed. VIDED. (Distributed)

Motion for divided argument filed by respondents. VIDED.

Brief of respondents Utility Air Regulatory Group, et al. filed. VIDED. (Distributed)

Brief of respondents Luminant Generation Company LLC, et al. filed. VIDED. (Distributed)

Brief of respondents State and Local respondents filed. VIDED. (Distributed)

Motion to deem the Court of Appeals Joint Appendix to be Volumes 2 thru 8 of the Supreme court Joint Appendix GRANTED. Justice Alito took no part in the consideration or decision of this motion.

Records received from USCA for the DC Circuit electronically filed.

CIRCULATED

SET FOR ARGUMENT ON Tuesday December 10, 2013.

Brief amicus curiae of APA Watch in support of neither party filed. VIDED.

Brief amici curiae of Atmospheric Scientists and Air Quality Modeling Experts filed. VIDED.

Brief amicus curiae of Institute for Policy Integrity at New York University School of Law filed. VIDED.

Brief amicus curiae of Constitutional Accountability Center filed. VIDED.

Brief amici curiae of Benjamin F. Hobbs, et al. filed. VIDED.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the State and City Respondents (New York, et al.). VIDED

Brief amicus curiae of American Thoracic Society filed. VIDED.

Brief amici curiae of Law Professors on Issue Exhaustion filed. VIDED. (Distributed)

Brief of petitioner in No. 12-1182, Environmental Protection Agency, et al., filed. VIDED.

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

Brief of petitioners American Lung Association, et al. filed.

Brief of Respondent States and Cities in support of petitioners filed. VIDED.

Motion of the federal parties to deem the Court of Appeals Joint Appendix to be Volumes 2 thru 8 of the Supreme Court Joint Appendix filed by respondent Environmental Protection Agency, et al. VIDED.

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

Brief of respondents Calpine Corporation and Exelon Corporation filed. VIDED.

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

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Industry and Labor Respondents . VIDED

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the State and Local Respondents (Texas, et al.) . VIDED

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

Order extending time to file respondent's brief on the merits to and including October 31, 2013.

Order extending time to file the joint appendix and petitioner's brief on the merits to and including September 4, 2013.

Petition GRANTED limited to the questions presented by the petition in No. 12-1182. The petition for a writ of certiorari in No. 12-1182 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.

Reply of petitioner American Lung Association, et al. filed. (Distributed)

DISTRIBUTED for Conference of June 20, 2013.

Brief of respondents Luminant Generation Company LLC, et al. in opposition filed. VIDED.

Brief of State and Local respondents in opposition filed. VIDED.

Brief of Respondent States and Cities in support filed. VIDED.

Brief of respondents Calpine Corporation,and Exelon Corporation in support filed. VIDED.

Order extending time to file response to petition to and including May 29, 2013, for all respondents.

Petition for a writ of certiorari filed. (Response due April 29, 2013)

American Lung Association, et al., Petitioner, represented by Sean H. Donahue

Calpine Corporation,and Exelon Corporation, Respondent, represented by Brendan K. Collins

Environmental Protection Agency, et al., Respondent, represented by Donald B. Verrilli Jr.

Luminant Generation Company LLC, et al., Respondent, represented by Peter D. Keisler

Respondent States and Cities, Respondent, represented by Barbara D. Underwood

State and Local respondents, Respondent, represented by Bill L. Davis

State and Local respondents, Respondent, represented by Jonathan F. Mitchell

Utility Air Regulatory Group, et al., Respondent, represented by Norman W. Fichthorn

American Thoracic Society, Amicus Curiae, represented by Hope M. Babcock

APA Watch in support of neither party, Amicus Curiae, represented by Lawrence J. Joseph

Atmospheric Scientists and Air Quality Modeling Experts, Amicus Curiae, represented by Elizabeth J. Hubertz

Benjamin F. Hobbs, et al., Amicus Curiae, represented by Deborah A. Sivas

Chamber of Commerce of the United States of America, Amicus Curiae, represented by Jeffrey A. Lamken

Constitutional Accountability Center, Amicus Curiae, represented by Elizabeth B. Wydra

Institute for Policy Integrity at New York University School of Law, Amicus Curiae, represented by Richard L. Revesz

Law Professors on Issue Exhaustion, Amicus Curiae, represented by Sanne Hjarno Knudsen

West Virginia, and 8 Other States, Amicus Curiae, represented by Elbert Lin