Decided

No. 20-1530

West Virginia, 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. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Alito, J., joined. Kagan, J., filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined. VIDED.

Argued. For state petitioners: Lindsay S. See, Solicitor General, Charleston, W. Va. For private petitioners: Jacob M. Roth, Washington, D. C. For federal respondents: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For power company respondents: Beth S. Brinkmann, Washington, D. C. VIDED.

Reply of petitioner The North American Coal Corporation filed. VIDED. (Distributed)

Reply of petitioner The State North Dakota in No. 20-1780 filed. VIDED. (Distributed)

Reply of petitioners State of West Virginia, et al. filed (in 20-1530). (Distributed)

Reply of petitioner Westmoreland Minings Holdings LLC in No. 20-1778 filed. VIDED. (Distributed)

Reply of respondent Basin Electric Power Cooperative filed. VIDED. (Distributed)

Update to Amended Corporate Disclosure Statements in the Power company respondents brief on the merits filed. VIDED. (Distributed)

Brief amici curiae of Former Power Industry Executives filed. VIDED. (Distributed)

Brief amicus curiae of National Parks Conservation Association filed. VIDED. (Distributed)

Brief amici curiae of Grid Experts Benjamin F. Hobbs, et al. filed (in 20-1530). (Distributed)

Brief amicus curiae of Julian Davis Mortenson filed (in 20-1530). (Distributed)

Brief amici curiae of The National League of Cities and The U.S. Conference of Mayors filed. VIDED. (Distributed)

Brief amici curiae of Apple Inc., et al., filed. VIDED. (Distributed)

Brief amici curiae of The Edison Electric Institute and The National Association of Clean Water Agencies filed. VIDED. (Distributed)

Brief amici curiae of Former Commissioners of the Federal Energy Regulatory Commission filed. VIDED. (Distributed)

Brief amicus curiae of Richard L. Revesz filed. VIDED. (Distributed)

Brief amicus curiae of Public Citizen filed. VIDED. (Distributed)

Brief amici curiae of 192 Members of Congress filed. VIDED. (Distributed)

Brief amici curiae of American Thoracic Society, et al. filed. VIDED. (Distributed)

Motion of West Virginia, et al. for divided argument and for enlargement of time for oral argument granted in part, and the time is allotted as follows: 20 minutes for the state petitioners, 15 minutes for the private petitioners, 20 minutes for the federal respondents, and 15 minutes for the power company respondents. VIDED.

Brief amicus curiae of Thomas C. Jorling filed. VIDED. (Distributed)

Brief amici curiae of U.S. Senators Sheldon Whitehouse, et al. filed (in 20-1530). (Distributed)

Brief amici curiae of Climate Scientists Michael Oppenheimer, et al. filed. VIDED. (Distributed)

Motion of North Dakota for divided argument and for enlargement of time for oral argument DENIED. VIDED.

Motion of the Solicitor General for divided argument and for enlargement of time for oral argument granted in part, and the time is allotted as follows: 20 minutes for the state petitioners, 15 minutes for the private petitioners, 20 minutes for the federal respondents, and 15 minutes for the power company respondents. VIDED.

Letter of respondent Commonwealth of Virginia filed (Revised letter of 2/18/22). VIDED. (Distributed)

Brief of Power Company respondents filed. VIDED. (Distributed)

Brief of State of New York, and Other State and Municipal respondents filed. VIDED. (Distributed)

Brief of Non-Governmental Organization and Trade Association respondents filed. VIDED. (Distributed)

Motion for enlargement of time for oral argument and for divided argument filed by the Solicitor General. VIDED.

CIRCULATED

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

Motion for enlargement of time for oral argument and for divided argument filed by West Virginia, et al. VIDED.

Brief of Federal respondents filed. VIDED. (Distributed)

Amicus brief of New Civil Liberties Alliance not accepted for filing. (Corrected version submitted)(January 05, 2022)

The record from the U.S.C.A. District of Columbia Circuit is electronic and located on Pacer. The oral argument transcript has been electronically filed.

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

Brief amici curiae of Kentucky, et al. filed. (in 20-1530)

Brief amici curiae of Doctors for Disaster Preparedness, et al. filed. (in 20-1530)

Brief amici curiae of 91 Members of Congress filed. VIDED.

Brief amici curiae of Michigan House of Representatives, et al. filed. VIDED.

Brief amicus curiae of America First Policy Institute filed. VIDED.

Brief amicus curiae of New England Legal Foundation filed. VIDED.

Brief amicus curiae of Buckeye Institute filed. VIDED.

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

Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed. VIDED.

Brief amici curiae of Scholars of Congressional Accountability in support of neither party filed. VIDED.

Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED.

Brief amicus curiae of New Civil Liberties Alliance (Dec. 30, 2021) filed.

Brief amicus curiae of Competitive Enterprise Institute filed. VIDED.

Brief amici curiae of South Texas Electric Cooperative, Inc., et al. filed. VIDED.

ARGUMENT SET FOR Monday, February 28, 2022. VIDED.

Brief amicus curiae of Landmark Legal Foundation filed. (in 20-1530)

Brief amici curiae of Lignite Energy Council, et al. filed. VIDED.

Brief amici curiae of Cato Institute, et al. filed. VIDED.

Brief of respondent National Mining Association in support filed. VIDED.

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

Brief of petitioners West Virginia, et al. filed (in 20-1530).

Brief of petitioner Westmoreland Minings Holdings LLC filed. VIDED.

Brief of respondent America's Power filed. VIDED.

Brief of petitioner The State North Dakota filed. VIDED.

Brief of petitioner The North American Coal Corporation filed. VIDED.

Brief of respondent Basin Electric Power Cooperative in support filed. VIDED.

Blanket Consent filed by respondents, States and Municipalities in opposition. VIDED.

Motion to extend the time to file the response briefs on the merits is granted and the time is extended to and including January 18, 2022. VIDED.

Blanket Consent filed by respondent, Non-Governmental Organization and Trade Association respondents. VIDED.

Blanket Consent filed by respondent, U.S. Environmental Protection Agency, et al. VIDED.

Blanket Consent filed by petitioner, North Dakota in No. 20-1780. VIDED.

Motion of respondents for an extension of time filed. VIDED.

Motion of Non-Governmental Organization and Trade Association Respondents for an extension of time not accepted for filing. (December 03, 2021)

Blanket Consent filed by respondent, America's Power in support. VIDED.

Blanket Consent filed by respondent, Basin Electric Power Cooperative in support. VIDED.

Blanket Consent filed by respondent, National Mining Association in support. VIDED.

Blanket Consent filed by petitioner, Westmoreland Minings Holdings LLC in No. 20-1778. VIDED.

Blanket Consent filed by petitioner, North American Coal Corporation in No. 20-1531. VIDED.

Blanket Consent filed by petitioners, State of West Virginia, et al. VIDED.

Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 20-1530. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-1530. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”

Petition GRANTED. The petitions for writs of certiorari in No. 20-1531 and No. 20-1780 are granted. The petition for a writ of certiorari in No. 20-1778 is granted limited to Question 2 presented by the petition. The cases are consolidated, and a total of one hour is allotted for oral argument. The motion of Lignite Energy Council for leave to file a brief as amicus curiae is granted. VIDED.

DISTRIBUTED for Conference of 10/29/2021.

DISTRIBUTED for Conference of 10/15/2021.

DISTRIBUTED for Conference of 10/8/2021.

DISTRIBUTED for Conference of 9/27/2021.

Reply of petitioners State of West Virginia, et al. filed. (Distributed)

Brief of respondents Consolidated Edison, Inc., Exelon Corporation, National Grid USA, New York Power Authority, Power Companies Climate Coalition, and Sacramento Municipal Utility District in opposition filed. VIDED.

Brief of respondents States and Municipalities in opposition filed. VIDED.

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

Brief of respondents Non-Governmental Organization and Trade Association Respondents in opposition filed. VIDED.

Motion to extend the time to file a response is granted and the time is further extended to and including August 5, 2021, for all respondents.

Motion to extend the time to file a response from July 6, 2021 to August 5, 2021, submitted to The Clerk.

Brief of respondent America's Power in support filed.

Brief amicus curiae of Commonwealth of Kentucky filed.

Brief of respondent Basin Electric Power Cooperative in support filed.

Brief of respondent National Mining Association in support filed.

Motion to extend the time to file a response is granted and the time is extended to and including July 6, 2021, for all respondents.

Motion to extend the time to file a response from June 3, 2021 to July 6, 2021, submitted to The Clerk.

Blanket Consent filed by Petitioner, State of West Virginia, et al.

Petition for a writ of certiorari filed. (Response due June 3, 2021)

Parties

North Dakota in No. 20-1780, Petitioner, represented by Paul Martin Seby

The North American Coal Corporation, Petitioner, represented by Jacob Moshe Roth

Westmoreland Minings Holdings LLC in No. 20-1778, Petitioner, represented by Andrew Michael Grossman

West Virginia, et al., Petitioner, represented by Lindsay Sara See

America's Power in support, Respondent, represented by Elbert Lin

Commonwealth of Virginia, Respondent, represented by Andrew Nathan Ferguson

Consolidated Edison, Inc., Exelon Corporation, National Grid USA, New York Power Authority, Power Companies Climate Coalition, and Sacramento Municipal Utility District, Respondent, represented by Beth Susan Brinkmann

New York, Respondent, represented by Steven Chiajon Wu

Non-Governmental Organization and Trade Association Respondents, Respondent, represented by Sean Hoe Donahue

State of New York, States and Municipalities, Respondent, represented by Barbara Dale Underwood

Amici Curiae

192 Members of Congress, Amicus Curiae, represented by Agatha Marie Cole

91 Members of Congress, Amicus Curiae, represented by Jeffrey Steven Beelaert

Americans for Prosperity Foundation, Amicus Curiae, represented by Michael David Pepson

Apple Inc., et al.,, Amicus Curiae, represented by Lisa Schiavo Blatt

Claremont Institute's Center for Constitutional Jurisprudence, Amicus Curiae, represented by Anthony Thomas Caso

Climate Scientists Michael Oppenheimer, Noah Diffenbaugh, Christopher Field, Stephen Pacala, Daniel Schrag, and Susan Solomon, Amicus Curiae, represented by Thomas Gregory Sprankling

Commonwealth of Kentucky, Amicus Curiae, represented by Stephen Chad Meredith

Commonwealth of Kentucky, et al.,, Amicus Curiae, represented by Brett Robert Nolan

Competitive Enterprise Institute, Amicus Curiae, represented by Sam Kazman

Doctors for Disaster Preparedness, et al.,, Amicus Curiae, represented by Andrew L. Schlafly

Former Commissioners of the Federal Energy Regulatory Commission, Amicus Curiae, represented by Stephen E. Roady

Former Power Industry Executives, Amicus Curiae, represented by Matthew Eben Price

Grid Experts Benjamin F. Hobbs, Brendan Kirby, Kenneth J. Lutz, and James D. McCalley, Amicus Curiae, represented by Cara A. Horowitz

Julian Davis Mortenson, Amicus Curiae, represented by Brianne Jenna Gorod

Landmark Legal Foundation, Amicus Curiae, represented by Michael James O'Neill

Lignite Energy Council, Amicus Curiae, represented by Michael John Nasi

National Parks Conservation Association, Amicus Curiae, represented by Paul Robert Koster

New Civil Liberties Alliance, Amicus Curiae, represented by Brian Rosner

New England Legal Foundation, Amicus Curiae, represented by John Pagliaro

Public Citizen, Amicus Curiae, represented by Scott Lawrence Nelson

Public Health Organizations & Public Health School Leaders, Amicus Curiae, represented by Sara Anita Colangelo

Richard L. Revesz, Amicus Curiae, represented by Richard L. Revesz

Scholars of Congressional Accountability, Amicus Curiae, represented by Ruth Merewyn Greenwood

Southeastern Legal Foundation and National Federation of Independent Business Small Business Legal Center, Amicus Curiae, represented by Thomas Ryan McCarthy

South Texas Electric Cooperative, Inc., Amicus Curiae, represented by Michael John Nasi

The America First Policy Institute, Amicus Curiae, represented by Jonathan Andrew Berry

The Buckeye Institute, Amicus Curiae, represented by Jay Randall Carson

The Cato Institute, Amicus Curiae, represented by Ilya Shapiro

The Edison Electric Institute and The National Association of Clean Water Agencies, Amicus Curiae, represented by Thomas Allen Lorenzen

The Michigan House of Representatives, The Michigan Senate, Amicus Curiae, represented by H. Christopher Bartolomucci

The National League of Cities and The U.S, Conference of Mayors., Amicus Curiae, represented by Michael Harlan Burger

Thomas C. Jorling, Amicus Curiae, represented by Sean Bernard Hecht

U.S. Senators Sheldon Whitehouse, Richard Blumenthal, Bernie Sanders, and Elizabeth Warren as Amici Curiae in Support of Respondents, Amicus Curiae, represented by Erwin Chemerinsky

 
Last updated: December 2, 2022