Decided

No. 14-46

Michigan, 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.

Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Alito, JJ., joined. Thomas, J., filed a concurring opinion. Kagan, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined.

Joint letter of petitioners filed. VIDED (Distributed)

Letter from counsel for the industry respondents filed. VIDED (Distributed)

Letter from counsel for the federal respondents filed. VIDED (Distributed)

Argued. For state petitioners: Aaron D. Lindstrom, Solicitor General, Lansing, Mich. For industry petitioners and respondents in support: F. William Brownell, Washington, D. C. For federal respondents: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D.C. For industry respondents: Paul Smith, Washington, D. C.

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

Reply of respondent National Mining Association filed. VIDED. (Distributed)

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

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

Motion for enlargement of time and for divided argument filed by Industry, State and Local Government, and Nonprofit respondents GRANTED.

Brief amici curiae of Health Scientists, Dr. Lynn Goldman, et al. filed. VIDED. (Distributed)

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

Brief amici curiae of Emission Control Companies filed. VIDED. (Distributed)

Brief amicus curiae of Union of Concerned Scientists filed. VIDED. (Distributed)

Brief amici curiae of National Congress of American Indians, et al. filed. VIDED. (Distributed)

Brief amici curiae of Experts in Air Pollution Control and Air Quality Regulation filed. VIDED. (Distributed)

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

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

Motion for enlargement of time for oral argument and for divided argument filed by Industry, State and Local Government, and Nonprofit respondents. VIDED.

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

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

Brief of respondent Calpine Corporation, Exelon Corporation, National Grid Generation LLC, and Public Service Enterprise Group, Inc. filed. VIDED. (Distributed)

Brief of respondents States and Local Governments filed. VIDED. (Distributed)

Brief of respondents American Academy of Pediatrics, et al. filed. VIDED. (Distributed)

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

CIRCULATED

Record from U.S.C.A. District of Columbia Circuit is electronic and located on PACER.

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

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

Record requested from U.S.C.A. District of Columbia Circuit.

SET FOR ARGUMENT ON Wednesday, March 25, 2015. VIDED

Letter from Pennsylvania Department of Environmental Protection stating that it is not a party and does not wish to be a party in this case. VIDED.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the 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 respondent White Stallion Energy Center, LLC. VIDED.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for State Petitioners in 14-46.

Brief amicus curiae of Cato Institute filed. VIDED.

Brief amicus curiae of Peabody Energy Corp. filed. VIDED.

Brief amicus curiae of Murray Energy Corporation filed. VIDED.

Brief amici curiae of The Chamber of Commerce of the United States of America, 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 petitioners FirstEnergy Generation Corp. VIDED.

Joint appendix 4 volumes filed. VIDED. (Statement of costs filed)

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Edgecombe Genco, LLC, and Spruance Genco, LLC. VIDED.

The time to file the joint appendix is extended to and including January 23, 2015. VIDED

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

Brief of National Mining Association filed. VIDED.

Brief of Utility Air Regulatory Group, 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 respondent Oak Grove Management Company, LLC. VIDED.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents State and Local Governments. VIDED.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Calpine Corporation, Exelon Corporation, National Grid Generation LLC, and Public Service Enterprise Group, Inc. VIDED.

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

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner, Utility Air Regulatory Group, in No. 14-47.

Upon consideration of the letter of December 4, 2014, from counsel for petitioner in No. 14-47 on behalf of the parties, the following briefing schedule is adopted. The petitioners and respondents in support shall file a total of no more than three briefs on the merits, not to exceed 35,000 words in aggregate, on or before Tuesday, January 20, 2015. The respondents shall file briefs on the merits on or before Wednesday, February 25, 2015, as follows: brief of federal respondents not to exceed 15,000 words, and briefs for state and local government respondents, industry respondents, and nonprofit respondents, not to exceed 10,000 words each. Reply briefs of petitioners and respondents in support, not to exceed 12,000 words in aggregate, shall be filed on or before Wednesday, March 18, 2015. VIDED

Briefing proposal of the parties. VIDED

Motion for leave to file amicus brief filed by The Chamber of Commerce of the United States of America GRANTED. VIDED

Petition GRANTED limited to the following question: Whether the Environmental Protection Agency unreasonably refused to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities." The petitions for writs of certiorari in No. 14-47 and No. 14-49 are granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED

DISTRIBUTED for Conference of November 25, 2014.

Reply of petitioners Michigan, et al. filed. (Distributed).

DISTRIBUTED for Conference of November 14, 2014.

Brief of Federal Respondents in opposition filed. VIDED.

Brief of respondents American Academy of Pediatrics, et al. in opposition filed. VIDED.

Brief of respondents Calpine Corporation, Exelon Corporation, National Grid Generation LLC, and Public Service Enterprise Group, Inc. in opposition filed. VIDED.

Brief of Respondent States and Local Governments in opposition filed. VIDED.

Order extending time to file response to petition to and including October 15, 2014, for all respondents.

Waiver of right of respondent Wyoming to respond filed.

Brief amicus curiae of Murray Energy Corporation filed.

Motion for leave to file amicus brief filed by Chamber of Commerce of the United States of America. VIDED.

Waiver of right of respondent Pennsylvania Department of Environmental Protection to respond filed.

Waiver of right of respondent Oak Grove Management Company, LLC to respond filed.

Waiver of right of respondents Edgecombe Genco, LLC and Spruance Genco, LLC to respond filed.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Calpine Corporation, Exelon Corporation, National Grid Generation LLC, and Public Service Enterprise Group, Inc. VIDED.

Waiver of right of respondent FirstEnergy Generation Corp. to respond filed.

Waiver of right of respondent Utility Air Regulatory Group to respond filed.

Waiver of right of respondent ARIPPA to respond filed.

Order extending time to file response to petition to and including September 15, 2014, for all respondents.

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

Waiver of right of respondent White Stallion Energy Center, LLC to respond filed.

Appendix of Michigan, et al. filed.

Petition for a writ of certiorari filed. (Response due August 15, 2014)

Parties

Michigan, et al., Petitioner, represented by Aaron D. Lindstrom

American Academy of Pediatrics, et al., Respondent, represented by Sean H. Donahue

ARIPPA, Respondent, represented by Bart E. Cassidy

Calpine Corporation, Exelon Corporation, National Grid Generation LLC, and Public Service Enterprise Group, Inc., Respondent, represented by Brendan K. Collins

Edgecombe Genco, LLC and Spruance Genco, LLC, Respondent, represented by Lisa M. Jaeger

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

FirstEnergy Generation Corp., Respondent, represented by Paul D. Clement

Industry Respondents, Respondent, represented by Paul M. Smith

Missouri, Respondent, represented by James R. Layton

National Mining Association, Respondent, represented by Peter S. Glaser

Oak Grove Management Company, LLC, Respondent, represented by Philip Stephen Gidiere III.

States and Local Governments, Respondent, represented by Melissa Ann Hoffer

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

White Stallion Energy Center, LLC, Respondent, represented by Eric Groten

Wyoming, Respondent, represented by Michael J. McGrady

Amici Curiae

American Thoracic Society, Amicus Curiae, represented by Adam Babich

Cato Institute, Amicus Curiae, represented by David B. Rivkin Jr.

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

Emission Control Companies, Amicus Curiae, represented by Erik S. Jaffe

Experts in Air Pollution Control and Air Quality Regulation, Amicus Curiae, represented by Elizabeth J. Hubertz

Health Scientists, Dr. Lynn Goldman, et al., Amicus Curiae, represented by Alan B. Morrison

Murray Energy Corporation, Amicus Curiae, represented by James Van Carson

National Congress of American Indians, et al., Amicus Curiae, represented by Kevin Lyskowski

Peabody Energy Corp., Amicus Curiae, represented by Laurence H. Tribe

The Chamber of Commerce of the United States of America, et al., Amicus Curiae, represented by Sandra Franco

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

Union of Concerned Scientists, Amicus Curiae, represented by Wendy B. Jacobs

 
Last updated: February 16, 2016