Decided

No. 19-1039

PennEast Pipeline Company, LLC v. New Jersey, et al.

from the United States Court of Appeals for the Third Circuit

See other cases from the Third Circuit.

Docket Entries

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Breyer, Alito, Sotomayor, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas, J., joined. Barrett, J., filed a dissenting opinion, in which Thomas, Kagan, and Gorsuch, JJ., joined.

Argued. For petitioner: Paul D. Clement, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Jeremy M. Feigenbaum, Counsel to the Attorney General, Trenton, N. J.

Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.

Reply of petitioner PennEast Pipeline Company, LLC filed. (Distributed)

Brief amici curiae of The Council of State Governments, et al. filed. (Distributed)

Brief amici curiae of State of Oregon, et al. filed. (Distributed)

Brief amicus curiae of Institute for Justice filed. (Distributed)

Brief of respondent New Jersey Conservation Foundation filed. (Distributed)

Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

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

CIRCULATED

Record requested.

SET FOR ARGUMENT on Wednesday, April 28, 2021.

Brief amici curiae of Marcellus Shale Coalition and Pennsylvania Independent Oil & Gas Association filed.

Brief amici curiae of Interstate Natural Gas Association of America, American Gas Association, American Petroleum Institute filed.

Brief amicus curiae of United States filed.

Brief amici curiae of Pennslvania Manufacturers' Association and the New Jersey Business & Industry Association filed.

Brief amicus curiae of Energy Equipment and Infrastructure Alliance filed.

Brief amici curiae of United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, et al. filed.

Brief amicus curiae of Columbia Gas Transmission, LLC filed.

Brief amici curiae of The Chamber of Commerce of the United States of America and the Pennsylvania Chamber of Business and Industry filed.

Blanket Consent filed by Respondent, State of New Jersey; NJ Department of Envrionmental Protection, et al.

Brief of petitioner PennEast Pipeline Company, LLC filed.

Joint appendix (two volumes) filed. (Statement of cost filed).

Blanket Consent filed by Respondent, New Jersey Conservation Foundation

Joint motion to set the briefing schedule GRANTED. Petitioner's brief on the merits will be filed on or before March 1, 2021. Respondents briefs on the merits will be filed on or before March 31, 2021. The reply brief will be filed in compliance with Rule 25.3.

Joint motion to set the briefing schedule filed by the parties.

Blanket Consent filed by Petitioner, PennEast Pipeline Company, LLC

Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Did the Court of Appeals properly exercise jurisdiction over this case The case will be set for argument in the April 2021 argument session.

DISTRIBUTED for Conference of 1/22/2021.

Supplemental brief of respondents State of New Jersey; NJ Department of Envrionmental Protection, et al. filed.

Brief amicus curiae of United States filed.

The Solicitor General is invited to file a brief in this case expressing the views of the United States.

DISTRIBUTED for Conference of 6/25/2020.

Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.

Brief of respondents State of New Jersey; NJ Department of Envrionmental Protection, et al. in opposition filed.

Waiver of right of respondent New Jersey Conservation Foundation to respond filed.

Motion to extend the time to file a response is granted in part; the time is extended to and including June 2, 2020, for all respondents.

Response to motion from petitioner PennEast Pipeline Company, LLC filed.

Motion to extend the time to file a response from May 13, 2020 to June 12, 2020, submitted to The Clerk.

Response Requested. (Due May 13, 2020)

DISTRIBUTED for Conference of 4/17/2020.

Brief amici curiae of The Chamber of Commerce of the United States of America and the Pennsylvania Chamber of Business and Industry filed.

Waiver of right of respondents State of New Jersey; NJ Department of Envrionmental Protection, et al. to respond filed.

Brief amici curiae of Interstate Natural Gas Association of America, American Gas Association, American Petroleum Institute filed.

Brief amicus curiae of Energy Equipment and Infrastructure Alliance filed.

Brief amicus curiae of Consumer Energy Alliance filed.

Waiver of right of respondent New Jersey Conservation Foundation to respond filed.

Waiver of New Jersey Conservation Foundation of right to respond not accepted for filing. (March 24, 2020)

Brief amici curiae of United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, et al. filed.

Brief amici curiae of Pennslvania Manufacturers' Association, et al. filed.

Brief amicus curiae of Columbia Gas Transmission, LLC filed.

Brief amicus curiae of Industrial Energy Consumers of America filed.

Brief amicus curiae of Marcellus Shale Coalition and Pennsylvania Independent Oil & Gas Association filed.

Blanket Consent filed by Petitioner, PennEast Pipeline Company, LLC.

Petition for a writ of certiorari filed. (Response due March 23, 2020)

Application (19A836) granted by Justice Alito extending the time to file until March 4, 2020.

Application (19A836) to extend the time to file a petition for a writ of certiorari from February 3, 2020 to March 4, 2020, submitted to Justice Alito.

Parties

PennEast Pipeline Company, LLC, Petitioner, represented by Paul D. Clement

New Jersey Conservation Foundation, Respondent, represented by Matthew Littleton

New Jersey Conservation Foundation, Respondent, represented by Jennifer Lynn Danis

New Jersey Conservation Foundation, Respondent, represented by Edward Lloyd

New Jersey, et al., Respondent, represented by Jeremy Michael Feigenbaum

Amici Curiae

Columbia Gas Transmission, LLC, Amicus Curiae, represented by Catherine Emily Stetson

Consumer Energy Alliance, Amicus Curiae, represented by Hala A. Sandridge

Energy Equipment and Infrastructure Alliance, Amicus Curiae, represented by Michael Hugh McGinley

Industrial Energy Consumers of America, Amicus Curiae, represented by Kenneth Von Schaumburg

Institute for Justice, Amicus Curiae, represented by Robert James McNamara

Interstate Natural Gas Association of America, American Gas Association, American Petroleum Institute, Amicus Curiae, represented by Lela M. Hollabaugh

Marcellus Shale Coalition and Pennsylvania Independent Oil & Gas Association, Amicus Curiae, represented by Terry Robert Bossert

Pennslvania Manufacturers' Association and the New Jersey Business & Industry Association, Amicus Curiae, represented by Charles Owen Beckley II

State of Oregon, et al., Amicus Curiae, represented by Benjamin Noah Gutman

The Chamber of Commerce of the United States of America and the Pennsylvania Chamber of Business and Industry, Amicus Curiae, represented by Deanne Elizabeth Maynard

The Council of State Governments, The National League of Cities, The U.S. Conference of Mayors, The International City/County Management Association, and The International Municipal Lawyers Association, Amicus Curiae, represented by Vivek Vijay Tata

United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, et al., Amicus Curiae, represented by Ellen O. Boardman

United States, Amicus Curiae, represented by Elizabeth B. Prelogar

 
Last updated: August 4, 2021