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. 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.
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)
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
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