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. 20-1531 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. VIDED.

Motion for leave to file amicus brief filed by Lignite Energy Council GRANTED.

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 petitioner State of North Dakota filed. (Distributed)

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.

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

Brief of respondents Federal respondents in opposition filed. VIDED.

Motion for leave to file amicus brief filed by Lignite Energy Council.

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

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

Motion to extend the time to file a response from July 23, 2021 to August 5, 2021, submitted to The Clerk.

Blanket Consent filed by Petitioner, State of North Dakota

Petition for a writ of certiorari filed. (Response due July 23, 2021)

State of North Dakota, Petitioner, represented by Paul Martin Seby

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

States and Municipalities, Respondent, represented by Barbara Dale Underwood

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

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