Certiorari Granted

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

Letter of respondent Virginia notifying the Court of the Commonwealth's change in position of Commonwealth of Virginia submitted.

Brief of Federal Respondents filed. (also in 20-1531, 20-1778, 20-1780) VIDED (Distributed)

CIRCULATED

Brief of respondents State of New York, States and Municipalities filed. (also in 20-1531, 20-1778, 20-1780) VIDED. (Distributed)

Brief of respondents Non-Governmental Organization and Trade Association Respondents filed. VIDED. (also in 20-1531, 20-1778, 20-1780) (Distributed)

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

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

Brief of Power Company Respondents filed. (also in 20-1531, 20-1778, 20-1780) VIDED. (Distributed)

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

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

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

Brief amici curiae of Scholars of Congressional Accountability in support of neither party filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.

Brief amicus curiae of Americans for Prosperity Foundation filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.

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

Brief amici curiae of Doctors for Disaster Preparedness, et al. filed.

Brief amici curiae of Kentucky, et al. filed.

Brief amici curiae of 91 Members of Congress filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.

Brief amici curiae of Michigan House of Representatives, et al. filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.

Brief amicus curiae of America First Policy Institute filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.

Brief amicus curiae of New England Legal Foundation filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.

Brief amicus curiae of Buckeye Institute filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.

Brief amici curiae of Southeastern Legal Foundation, et al. filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.

Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.

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

Brief amici curiae of South Texas Electric Cooperative, Inc., et al. filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.

Brief amicus curiae of Competitive Enterprise Institute filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.

Brief amici curiae of Lignite Energy Council, et al. filed.(Also in 20-1531, 20-1778, 20-1780) VIDED.

Brief amicus curiae of Landmark Legal Foundation filed.

Brief amici curiae of Cato Institute, et al. filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.

Brief of petitioner Westmoreland Minings Holdings LLC in No. 20-1778 filed. VIDED.

Brief of respondent Basin Electric Power Cooperative in support 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.

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

Brief of petitioner The State North Dakota in No. 20-1780 filed. VIDED.

Brief of respondent America's Power 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 petitioner, North Dakota in No. 20-1780. VIDED.

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

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

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

Blanket Consent filed by respondent, America's Power 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 U.S. Environmental Protection Agency, et al. in opposition filed. VIDED.

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

Brief of respondents States and Municipalities 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

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

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

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

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

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

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

State of New York, Respondent, represented by Steven Chiajon Wu

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

Amici Curiae

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

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

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

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

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

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

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

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

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

 
Last updated: January 21, 2022