from the United States Court of Appeals for the District of Columbia Circuit
See other cases from the District of Columbia Circuit.
Judgment Issued
Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Sotomayor, 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
Letter from Clerk of Court to counsel of record for the parties in No. 14-840 & No. 14-841.
Argued. For federal petitioner: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. For private petitioners: Carter G. Phillips, Washington, D. C. For respondents: Paul D. Clement, Washington, D. C. VIDED
Letter from the Solicitor General filed. (Distributed)
Reply of petitioner Federal Energy Regulatory Commission filed. (Distributed)
Reply of respondents Joint States filed. VIDED. (Distributed)
Motion for divided argument filed by the Solicitor General GRANTED. Justice Alito took no part in the consideration or decision of this motion. VIDED
Reply of respondent California Public Utilities Commission filed. VIDED. (Distributed)
Reply of petitioners EnerNOC, Inc., et al. (Private Petitioners) filed. VIDED. (Distributed)
Brief amicus curiae of Public Service Commission of the State of New York filed. VIDED. (Distributed)
Brief amici curiae of Nuclear Energy Institute and America's Natural Gas Alliance filed. VIDED. (Distributed)
Brief amicus curiae of Southern Company Services, Inc. filed. VIDED. (Distributed)
Brief amicus curiae of Public Utility Law Project of New York filed. VIDED. (Distributed)
Brief amici curiae of Indiana, et al. filed. VIDED. (Distributed)
Brief amici curiae of Robert L. Borlick, et al. filed. VIDED. (Distributed)
Motion for divided argument filed by the Solicitor General. VIDED.
Brief amici curiae of North Carolina Utilities Commission, et al. filed. VIDED. (Distributed)
Record from the Federal Energy Regulatory Commission, sent by the U.S. Dept. of Justice is electronic. The record can be accessed on the Federal Energy Regulatory Commission public eLibrary website.
Brief amici curiae of CES and Dr. Silkman filed. VIDED. (Distributed)
Brief of respondents Electric Power Supply Association, et al. filed. VIDED. (Distributed)
Brief of respondents Midwest Load-Serving Entities filed. VIDED. (Distributed)
Record received from U.S.C.A. District of Columbia Circuit is electronic and available on PACER. A copy of the transcript of oral arguments is available electronically.
Record requested from U.S.C.A. District of Columbia Circuit.
CIRCULATED.
SET FOR ARGUMENT on Wednesday, October 14, 2015. VIDED
Brief amici curiae of Conservation Law Foundation, et al. filed. VIDED.
Brief amicus curiae of NRG Energy, Inc. in support of neither party filed. VIDED.
Brief amici curiae of Electricity Consumers and Demand Response Providers filed. VIDED.
Brief amicus curiae of Charles J. Cicchetti filed. VIDED.
Brief amicus curiae of Energy Law Scholars filed. VIDED.
Brief amicus curiae of Microgrid Resources Coalition filed. VIDED.
Brief amicus curiae of Stanford Economics Professor Charles D. Kolstad filed. VIDED.
Brief amici curiae of Grid Engineers and Experts in support of neither party filed. VIDED.
Brief amici curiae of Illinois, et al. filed. VIDED.
Brief amicus curiae of The Guarini Center on Environmental, Energy and Land Use Law at New York University School of Law filed. VIDED.
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from the Federal petitioner in No.14-840. VIDED.
Brief of respondents Joint States in support filed. VIDED.
Brief of respondent California Public Utilities Commission in support filed. VIDED.
Brief of petitioner Federal Energy Regulatory Commission filed.
Brief of petitioners EnerNOC, Inc., et al. (Private Petitioners) filed. VIDED.
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for PJM Interconnection, LLC. VIDED.
Brief of respondent PJM Interconnection, LLC in support filed. VIDED.
Joint appendix filed. (Two Volumes) VIDED. (Statement of costs filed.)
Letter from counsel for respondent in support California Independent System Operator (CAISO) notifying Clerk that it will not be filing a brief on the merits in these proceedings. VIDED.
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners Energy Connect, Inc., Coalition of MISO Transmission Customers, and the PJM Industrial Coalition, and Viridity Energy, Inc. VIDED.
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Electric Power Supply Association, et al. VIDED.
Letter of amendment to financial disclosure statement received from counsel for respondents Electric Power Supply Association, et al. VIDED
Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for the petitioner EnerNOC. VIDED.
The time to file respondents' briefs on the merits is extended to and including August 31, 2015. VIDED
The time to file the joint appendix and petitioners' briefs on the merits is extended to and including July 9, 2015. VIDED
Petition GRANTED The petition for a writ of certiorari in 14-841 is GRANTED. The cases are consolidated and a total of one hour is allotted for oral argument. The cases are granted limited to the following Questions: 1) Whether the Federal Energy Regulatory Commission reasonably concluded that it has authority under the Federal Power Act, 16 U. S. C. 791a et seq., to regulate the rules used by operators of wholesale electricity markets to pay for reductions in electricity consumption and to recoup those payments through adjustments to wholesale rates. 2) Whether the Court of Appeals erred in holding that the rule issued by the Federal Energy Regulatory Commission is arbitrary and capricious. VIDED. Justice Alito took no part in the consideration or decision of this petition.
Motion for leave to file amicus brief filed by NRG Energy, Inc. GRANTED. Justice Alito took no part in the consideration or decision of this motion.
Reply of petitioner Federal Energy Regulatory Commission filed. (Distributed)
Reply of petitioners EnerNOC, Inc., et al. filed. (Distributed)
Brief of respondents Electric Power Supply Association, et al. in opposition filed. VIDED.
Brief amici curiae of Electricity Consumers and Demand Response Providers filed. VIDED.
Brief amici curiae of Fourteen Utilities Including Consolidated Edison Co. of New York and Affiliates, et al. filed. VIDED.
Brief amici curiae of Delaware Division of the Public Advocate. et al. filed. VIDED.
Brief of respondents California Public Utilities Commission, et al. in support filed. VIDED.
Motion for leave to file amicus brief filed by NRG Energy, Inc. VIDED.
Brief of respondent California Independent System Operator in support filed. VIDED.
Order extending time to file response to petition to and including March 19, 2015, for all respondents.
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Electric Power supply Association, et al. VIDED.
Petition for a writ of certiorari filed. (Response due February 17, 2015)
Appendix of Federal Energy Regulatory Commission filed.
Application (14A596) granted by The Chief Justice extending the time to file until January 15, 2015.
Application (14A596) to extend the time to file a petition for a writ of certiorari from December 16, 2014 to January 15, 2015, submitted to The Chief Justice.
EnerNOC, Inc., et al. (Private Petitioners), Petitioner, represented by Carter G. Phillips
Federal Energy Regulatory Commission, Petitioner, represented by Donald B. Verrilli Jr.
California Independent System Operator, Respondent, represented by Catherine E. Stetson
California Public Utilities Commission, Respondent, represented by Elizabeth Dorman
Electric Power Supply Association, et al., Respondent, represented by Paul D. Clement
Joint States, Respondent, represented by Ransom E. Davis
Midwest Load-Serving Entities, Respondent, represented by Cynthia S. Bogorad
PJM Interconnection, LLC, Respondent, represented by Barry Stewart Spector
CES and Dr. Silkman, Amicus Curiae, represented by Peter J. Brann
Charles J. Cicchetti, Amicus Curiae, represented by Hope M. Babcock
Conservation Law Foundation, et al., Amicus Curiae, represented by David T. Goldberg
Delaware Division of the Public Advocate. et al., Amicus Curiae, represented by David T. Goldberg
Electricity Consumers and Demand Response Providers, Amicus Curiae, represented by Seth P. Waxman
Energy Law Scholars, Amicus Curiae, represented by Richard J. Pierce Jr.
Fourteen Utilities Including Consolidated Edison Co. of New York and Affiliates, et al., Amicus Curiae, represented by Steffen N. Johnson
Grid Engineers and Experts in support of neither party, Amicus Curiae, represented by Douglas Hallward-Driemeier
Illinois, et al., Amicus Curiae, represented by David Thomas Evrard
Indiana, et al., Amicus Curiae, represented by Thomas M. Fisher
Microgrid Resources Coalition, Amicus Curiae, represented by Erik S. Jaffe
North Carolina Utilities Commission, et al., Amicus Curiae, represented by Kimberly W. Duffley
NRG Energy, Inc. in support of neither party, Amicus Curiae, represented by Aaron M. Panner
Nuclear Energy Institute and America's Natural Gas Alliance, Amicus Curiae, represented by Erick M. Sandler
Public Service Commission of the State of New York, Amicus Curiae, represented by Jonathan D. Feinberg
Public Utility Law Project of New York, Amicus Curiae, represented by Gerald A. Norlander
Robert L. Borlick, et al., Amicus Curiae, represented by Jeffrey A. Lamken
Southern Company Services, Inc., Amicus Curiae, represented by Andrew W. Tunnell
Stanford Economics Professor Charles D. Kolstad, Amicus Curiae, represented by Wendy B. Jacobs
The Guarini Center on Environmental, Energy and Land Use Law at New York University School of Law, Amicus Curiae, represented by Richard Burleson Stewart