Decided

No. 12-1268

Southeastern Legal Foundation, Inc., et al. v. Environmental Protection Agency, et al.

from the United States Court of Appeals for the District of Columbia Circuit

See other cases from the District of Columbia Circuit.

Docket Entries

JUDGMENT ISSUED.

Adjudged to be AFFIRMED IN PART, REVERSED IN PART. Scalia, J., announced the judgment of the Court and delivered an opinion, Parts I and II of which were for the Court. Roberts, C. J., and Kennedy, J., joined that opinion in full; Thomas and Alito, JJ., joined as to Parts I, II-A, and II-B-1; and Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined as to Part II-B-2. Breyer, J., filed an opinion concurring in part and dissenting in part, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. Alito, J., filed an opinion concurring in part and dissenting in part, in which Thomas, J., joined. VIDED

Argued. For private petitioners: Peter Keisler, Washington, D. C. For state petitioners: Jonathan F. Mitchell, Solicitor General, Austin, Tex. For respondents: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C.

Reply of petitioner Utility Air Regulatory Group filed. VIDED. (Distributed)

Reply of petitioners Texas, et al. filed. VIDED. (Distributed)

Reply of petitioners in Nos. 12-1248, 12-1254, 12-1268, and 2-1272 filed. VIDED. (Distributed)

Reply of respondents Coalition for Responsible Regulation, Inc., et al. in support of petitioners filed. VIDED. (Distributed)

Brief amicus curiae of American Thoracic Society filed. VIDED. (Distributed)

Brief amicus curiae of Constitutional Accountability Center filed. VIDED. (Distributed)

Brief amicus curiae of Calpine Corporation filed. VIDED. (Distributed)

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

Brief amici curiae of South Coast Air Quality Management District, et al. filed. VIDED. (Distributed)

Motion for divided argument filed by petitioners GRANTED. and the time is divided as follows: 30 minutes for private party petitioners, 15 minutes for state petitioners, and 45 minutes for respondents.

Brief of respondent Environmental Protection Agency filed. VIDED. (Distributed)

Brief of respondents New York, et al. filed. VIDED. (Distributed)

Brief of respondents Environmental Organization respondents filed. VIDED. (Distributed)

Motion for divided argument and enlargement of time for oral argument filed by petitioners. VIDED.

CIRCULATED.

Brief amicus curiae of Peabody Energy Corporation filed. VIDED.

Brief amici curiae of Scientists and Economists filed. VIDED. (Distributed)

Brief amicus curiae of American Road & Transportation Builders Association in support of neither party filed. VIDED. (Distributed)

Brief amici curiae of Administrative Law Professors, et al. filed. VIDED. (Distributed)

Brief amici curiae of State and Local Chambers of Commerce, and Other Business Associations filed. VIDED.

Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.

Brief amici curiae of Five U.S. Senators filed. VIDED.

Brief amicus curiae of Mountain States Legal Foundation filed. VIDED.

Brief amicus curiae of Senator Mitch McConnell and Other Members of the United States Congress filed. VIDED.

Brief amici curiae of Texas Oil & Gas Association, et al. filed. VIDED.

Brief amicus curiae of American Civil Rights Union filed. VIDED.

Brief amicus curiae of Committee for a Constructive Tomorrow filed. VIDED.

Brief amicus curiae of Committee for a Constructive Tomorrow filed.

Brief amici curiae of Economists Thomas C. Schelling, et al. filed. VIDED.

Brief amici curiae of Political Economists Henry N. Butler, et al. filed. VIDED.

Brief amici curiae of States of Kansas, et al. filed. VIDED.

Record received from U.S.C.A. DC Circuit. The record is electronic.

Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED.

Brief amicus curiae of Landmark Legal Foundation filed.

Brief of petitioners Southeastern Legal Foundation, Inc., 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 National Mining Association. VIDED.

Brief of respondents Coalition for Responsible Regulation, Inc., et al. in support of petitioners filed. VIDED.

Brief of petitioners American Chemistry Council, et al. filed. VIDED.

Brief of petitioners Chamber of Commerce of the United States of America, et al. filed. VIDED.

Brief of petitioner Energy-Intensive Manufacturers Working Group on Greenhouse Gas Regulation, et al. filed. VIDED.

Brief of petitioners Texas, et al. filed. VIDED.

Brief of petitioner Utility Air Regulatory Group filed. VIDED.

Joint appendix filed (5 volumes). (Statement of costs filed.) VIDED.

SET FOR ARGUMENT ON Monday, February 24, 2014

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for The Chamber of Commerce of the United States of America, et al. VIDED.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Energy-Intensive Manufacturers Working Group on Greenhouse Gas Regulation, et al. VIDED.

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

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

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Envirionmental Organizations, Center for Biological Diversity, et al. VIDED.

Letter received from counsel for the Automobile Respondents. VIDED.

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

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Coalition for Responsible Regulation, Inc., et al. VIDED.

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

Consent from petitioner Utility Air Regulatory Group to the filing of amicus curiae briefs in support of either party or neither party. VIDED

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the United States Federal Environmental Protection Agency, et al. VIDED.

The time to file respondents' briefs on the merits is extended to and including January 21, 2014. VIDED

The time to file joint appendix, petitioners' briefs on the merits, and briefs of respondents in support of petitioners is extended to and including December 9, 2013. VIDED

Upon consideration of the letter of October 22, 2013, from counsel for petitioners in No. 12-1248 on behalf of the parties, the briefing proposal set out in the letter is adopted with the exception that the briefs of petitioners shall not exceed 45,000 words in aggregate. The briefs of respondents in support of petitioners shall not exceed 6,000 words each. The brief of the Solicitor General shall not exceed 15,000 words. The briefs of other respondents shall not exceed 10,000 words each. Reply briefs shall not exceed 18,000 words in aggregate. VIDED

Letter from Coalition for Responsible Regulation, Inc., et al. regarding briefing proposal. VIDED.

Briefing proposal of the parties. VIDED

Petition GRANTED limited to the following Question: Whether EPA permissibly determined that its regulation of greenhouse gas emissions from new motor vehicles triggered permitting requirements under the Clean Air Act for stationary sources that emit greenhouse gases. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.

DISTRIBUTED for Conference of October 11, 2013.

DISTRIBUTED for Conference of September 30, 2013.

Reply of petitioner Southeastern Legal Foundation, Inc., et al. filed.

Brief of respondents New York, et al. in opposition filed. VIDED.

Brief of respondents Environmental Protection Agency, et al. in opposition filed. VIDED.

Brief of Environmental Organization respondents in opposition filed. VIDED.

Application (13A35) to file consolidated brief in opposition in excess of word limits granted by The Chief Justice. The consolidated brief in opposition may not exceed 11,000 words.

Application (13A35) to file consolidated brief in opposition in excess of word limits, submitted to The Chief Justice.

Application (12A1181) to file consolidated brief in opposition in excess of word limits granted by The Chief Justice. The consolidated brief in opposition may not exceed 12,000 words.

Application (12A1181) to file consolidated brief in opposition in excess of word limits, submitted to The Chief Justice.

Order further extending time to file response to petition to and including July 22, 2013, for all respondents.

Brief amicus curiae of Committee for a Constructive Tomorrow filed.

Brief amici curiae of Scientists filed. VIDED.

Brief amicus curiae of Landmark Legal Foundation filed.

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

Order further extending time to file response to petition to and including June 21, 2013, for all respondents.

Letter of respondent National Environmental Development Association's Clean Air Project in support of the petitioner received.

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

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners Southeastern Legal Foundation, Inc., et al.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Texas, and eight other states.

Petition for a writ of certiorari filed. (Response due May 23, 2013)

Application (12A881) granted by The Chief Justice extending the time to file until April 19, 2013.

Application (12A881) to extend the time to file a petition for a writ of certiorari from March 20, 2013 to April 19, 2013, submitted to The Chief Justice.

Parties

American Chemistry Council, et al., Petitioner, represented by Peter D. Keisler

Chamber of Commerce of the United States of America, et al., Petitioner, represented by Robert R. Gasaway

Energy-Intensive Manufacturers Working Group on Greenhouse Gas Regulation, et al., Petitioner, represented by John J. McMackin Jr.

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

Texas, et al., Petitioner, represented by Jonathan F. Mitchell

Utility Air Regulatory Group, Petitioner, represented by F. William Brownell

Coalition for Responsible Regulation, Inc., et al. in support of petitioners, Respondent, represented by Eric Groten

Environmental Organization respondents, Respondent, represented by Sean H. Donahue

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

National Mining Association in support of petitioner, Respondent, represented by Douglas A. Henderson

New York, et al., Respondent, represented by Barbara D. Underwood

Amici Curiae

Administrative Law Professors, et al., Amicus Curiae, represented by Ashley C. Parrish

American Civil Rights Union, Amicus Curiae, represented by Peter J. Ferrara

American Road & Transportation Builders Association in support of neither party, Amicus Curiae, represented by Lawrence J. Joseph

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

Calpine Corporation, Amicus Curiae, represented by Wendy B. Jacobs

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

Committee for a Constructive Tomorrow, Amicus Curiae, represented by Paul D. Kamenar

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

Economists Thomas C. Schelling, et al., Amicus Curiae, represented by Scott M. Abeles

Five U.S. Senators, Amicus Curiae, represented by Theodore L. Garrett

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

Landmark Legal Foundation, Amicus Curiae, represented by Richard P. Hutchison

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

Pacific Legal Foundation, et al., Amicus Curiae, represented by Theodore Hadzi-Antich

Peabody Energy Corporation, Amicus Curiae, represented by Victor E. Schwartz

Political Economists Henry N. Butler, et al., Amicus Curiae, represented by Erik S. Jaffe

Scientists, Amicus Curiae, represented by Christian J. Ward

Scientists and Economists, Amicus Curiae, represented by Francis J. Menton Jr.

Senator Mitch McConnell and Other Members of the United States Congress, Amicus Curiae, represented by Charles J. Cooper

South Coast Air Quality Management District, et al., Amicus Curiae, represented by Cara A. Horowitz

State and Local Chambetrs of Commerce, and Other Business Associations, Amicus Curiae, represented by Richard O. Faulk

States of Kansas, et al., Amicus Curiae, represented by Adam J. White

Texas Oil & Gas Association, et al., Amicus Curiae, represented by Charles H. Knauss

 
Last updated: February 17, 2016