No. 23A351
Title:American Forest & Paper Association, et al., Applicants
v.
Environmental Protection Agency, et al.
Docketed:October 18, 2023
Lower Ct:United States Court of Appeals for the District of Columbia Circuit
   Case Numbers:(23-1191)
   Decision Date:
   Rehearing Denied:
  Discretionary Court Decision Date:

DateProceedings and Orders
Oct 13 2023Application (23A351) for a stay, submitted to The Chief Justice.
Main DocumentProof of ServiceLower Court Orders/Opinions
Oct 19 2023Response to application (23A351) requested by The Chief Justice, due by 4 p.m. (EDT) on October 30, 2023.
Oct 30 2023Response to application from respondent Environmental Protection Agency, et al. filed.
Proof of ServiceMain Document
Oct 30 2023Response to application from respondent New York, Connecticut, Delaware, Illinois, Maryland, Massachusetts, New Jersey, Pennsylvania, and Wisconsin, and District of Columbia, City of New York, and Harris County,TX filed.
Main DocumentProof of Service
Oct 30 2023Response to application from respondent Public Interest Respondents filed.
Main DocumentProof of Service
Nov 01 2023Reply of applicant American Forest & Paper Association, et al. filed.
ReplyProof of Service
Dec 20 2023Application (23A351) referred to the Court.
Dec 20 2023Consideration of the applications for stay (23A349, 23A350, 23A351, and 23A384) presented to The Chief Justice and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of 1 hour is allotted for oral argument. The applications will be set for argument in the February 2024 argument session. Arguing counsel should be prepared to address, among other issues related to the challenge based on the SIP disapprovals, whether the emissions controls imposed by the Rule are reasonable regardless of the number of States subject to the Rule. VIDED.
Jan 05 2024SET FOR ARGUMENT on Wednesday, February 21, 2024. VIDED.
Jan 05 2024Record requested from the United States Court of Appeals for the District of Columbia Circuit.
Jan 08 2024Record received from the United States Court of Appeals for the District of Columbia Circuit.
Jan 08 2024Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
Jan 09 2024Any motion regarding oral argument is due on or before Friday, January 12, 2024. VIDED.
Jan 09 2024Motion for divided argument filed by the Solicitor General. VIDED.
Main DocumentProof of Service
Jan 10 2024Motion for divided argument filed by applicants. VIDED.
Main Document
Jan 22 2024Motion for divided argument filed by the Solicitor General GRANTED. VIDED.
Jan 22 2024Motion for divided argument filed by applicants GRANTED. VIDED.
Jan 23 2024Letter of respondents Environmental Protection Agency, et al. notifying the Court of proposed rule filed. VIDED. (Distributed)
Main Document
Feb 21 2024Argued. For state applicants: Mathura J. Sridharan, Deputy Solicitor General, Columbus, Ohio. For industry applicants: Catherine E. Stetson, Washington, D. C. For federal respondents: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For state respondents: Judith N. Vale, Deputy Solicitor General, New York, N. Y. VIDED.
Mar 28 2024Letter of respondents EPA, et al. updating Court filed. VIDED. (Distributed)
Main Document
Jun 27 2024Applications for stay (23A349, 23A350, 23A351, and 23A384) granted by the Court. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Kavanaugh, JJ., joined. Barrett, J., filed a dissenting opinion, in which Sotomayor, Kagan, and Jackson, JJ., joined. VIDED.

NAMEADDRESSPHONE
Attorneys for Petitioners
Jonathan Yates Ellis
    Counsel of Record
McGuireWoods LLP
888 16th Street N.W.
Suite 500
Washington, DC 20006

JELLIS@MCGUIREWOODS.COM
919-755-6688
Party name: American Forest & Paper Association, et al.
Attorneys for Respondents
Elizabeth B. Prelogar
    Counsel of Record
Solicitor General
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV
202-514-2217
Party name: Environmental Protection Agency, et al.
Barbara Dale Underwood
    Counsel of Record
Solicitor General
Office of the Attorney General
28 Liberty Street
New York, NY 10005-1400

BARBARA.UNDERWOOD@AG.NY.GOV
212-416-8016
Party name: States of New York, Connecticut, Delaware, Illinois, Maryland, Massachusetts, New Jersey, Pennsylvania, and Wisconsin, and District of Columbia, City of New York, and Harris County,TX
Megan Marie Herzog
    Counsel of Record
Donahue & Goldberg, LLP
1008 Pennsylvania Avenue SE
Washington, DC 20003

megan@donahuegoldberg.com
650-353-8719
Party name: Public Interest Respondents