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.

CIRCULATED

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.

ARGUMENT SET FOR Monday, February 28, 2022. 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. 20-1530 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 in No. 20-1780 is granted. VIDED.

DISTRIBUTED for Conference of 10/15/2021.

DISTRIBUTED for Conference of 10/8/2021.

DISTRIBUTED for Conference of 9/27/2021.

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

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

Brief of respondents U.S. Environmental Protection Agency and Michael Regan, Administrator of the U.S. Environmental Protection Agency in opposition filed. VIDED.

Brief of respondents Non-Governmental Organization and Trade Association Respondents 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.

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 amicus curiae of New England Legal Foundation 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, The North American Coal Corporation

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

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

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

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