| No. 16-1275 | |
| Title: | Virginia Uranium, Inc., et al., Petitioners v. John Warren, et al. |
| Docketed: | April 25, 2017 |
| Lower Ct: | United States Court of Appeals for the Fourth Circuit |
| Case Numbers: | (16-1005) |
| Decision Date: | February 17, 2017 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Apr 21 2017 | Petition for a writ of certiorari filed. (Response due May 25, 2017) |
| May 02 2017 | Consent the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners |
| May 17 2017 | Waiver of right of respondents John Warren, et al. to respond filed. |
| May 23 2017 | DISTRIBUTED for Conference of June 8, 2017. |
| May 25 2017 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed) |
| May 25 2017 | Brief amici curiae of Senators Tom Cotton, et al. filed. (Distributed) |
| Jun 01 2017 | Response Requested. (Due July 3, 2017) |
| Jun 15 2017 | Order extending time to file response to petition to and including August 2, 2017. |
| Aug 02 2017 | Brief of respondents John Warren, et al. in opposition filed. |
| Aug 15 2017 | Reply of petitioners Virginia Uranium, Inc., et al. filed. |
| Aug 16 2017 | DISTRIBUTED for Conference of 9/25/2017. |
| Oct 02 2017 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Apr 09 2018 | Brief amicus curiae of United States filed. |
| Certificate of Word CountMain Document | |
| Apr 23 2018 | Supplemental brief of respondents John Warren, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 24 2018 | DISTRIBUTED for Conference of 5/10/2018. |
| May 14 2018 | DISTRIBUTED for Conference of 5/17/2018. |
| May 21 2018 | Petition GRANTED. |
| May 22 2018 | Blanket Consent filed by Petitioners, Virginia Uranium, Inc., et al.. |
| Blanket Consent | |
| May 23 2018 | Blanket Consent filed by Respondents, John Warren, et al.. |
| Blanket Consent | |
| May 24 2018 | Joint motion for an extension of time to file the joint appendix and the opening briefs on the merits filed. |
| Main Document | |
| Jun 11 2018 | Joint motion to extend the time to file the joint appendix and the opening briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 19, 2018. The time to file respondents' brief on the merits is extended to and including August 27, 2018. |
| Jul 19 2018 | Brief of petitioner Virginia Uranium, Inc., et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 19 2018 | Joint appendix filed. (Statement of costs filed) |
| Main DocumentProof of Service | |
| Jul 26 2018 | Brief amicus curiae of Nuclear Energy Institute filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 26 2018 | Brief amicus curiae of United States filed. |
| Proof of ServiceMain Document | |
| Jul 26 2018 | Brief amici curiae of Entergy Operations, Inc. and Entergy Nuclear Operations, Inc. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 26 2018 | Brief amici curiae of Senator Tom Cotton, Senator Jim Inhofe, and Senator Ted Cruz filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 26 2018 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 26 2018 | Brief amici curiae of Former Nuclear Regulators filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 20 2018 | SET FOR ARGUMENT on Monday, November 5, 2018 |
| Aug 27 2018 | Brief of respondents John Warren, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 29 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Proof of ServiceMain Document | |
| Sep 04 2018 | Brief amici curiae of Preemption Law Professors filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 04 2018 | Brief amici curiae of The Roanoke River Basin Association, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 04 2018 | Brief amici curiae of National Conference of State Legislators, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 04 2018 | Brief amici curiae of States of Indiana, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 04 2018 | Brief amici curiae of Members of the Southern Virginia Delegation to the Virginia General Assembly, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 10 2018 | Record requested from the U.S.C.A. 4th Circuit. |
| Sep 12 2018 | CIRCULATED |
| Sep 18 2018 | The entire record from the U.S.D.C. Western Dist. of Virginia is electronic and located on PACER. |
| Sep 26 2018 | Reply of petitioners Virginia Uranium, Inc., et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 01 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Nov 05 2018 | Argued. For petitioners: Charles J. Cooper, Washington, D. C.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Toby J. Heytens, Solicitor General of Virginia, Richmond, Va. |
| Jun 17 2019 | Adjudged to be AFFIRMED. Gorsuch, J., announced the judgment of the Court and delivered an opinion, in which Thomas and Kavanaugh, JJ., joined. Ginsburg, J., filed an opinion concurring in the judgment, in which Sotomayor and Kagan, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Breyer and Alito, JJ., joined. |
| Jul 19 2019 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Charles Justin Cooper Counsel of Record | Cooper & Kirk, PLLC 1523 New Hampshire Avenue, N.W. Washington, DC 20036 ccooper@cooperkirk.com | 202-220-9600 |
| Party name: Virginia Uranium, Inc., et al. | ||
| Attorneys for Respondents | ||
| Toby Jay Heytens Counsel of Record | Office of the Attorney General 202 North Ninth Street Richmond, VA 23219 theytens@oag.state.va.us | 804-786-7240 |
| Party name: John Warren, et al. | ||
| Other | ||
| Sean Hoe Donahue Counsel of Record | Donahue, Goldberg, & Weaver, LLP 1111 14th Street, NW, Suite 510A Washington, DC 20005 sean@donahuegoldberg.com | 2022777085 |
| Party name: THE ROANOKE RIVER BASIN ASSOCIATION, DAN RIVER BASIN ASSOCIATION AND PIEDMONT ENVIRONMENTAL COUNCIL | ||
| Thomas M. Fisher Counsel of Record | Office of the Indiana Attorney General IGC South, Fifth Floor 302 W. Washington Indianapolis, IN 46204 tom.fisher@atg.in.gov | 3172326255 |
| Party name: States of Indiana, Washington, Hawaii, Maryland, Massachusetts, New Jersey, Oregon, Pennsylvania, Rhode Island, and Texas | ||
| Noel J. Francisco | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: United States | ||
| Derek T. Ho Counsel of Record | Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. 1615 M Street, NW Suite 400 Washington, DC 20036 dho@kellogghansen.com | 202-326-7931 |
| Party name: Preemption Law Professors | ||
| Caleb Adam Jaffe Counsel of Record | Environmental and Regulatory Law Clinic University of Virginia School of Law 580 Massie Road Charlottesville, VA 22903 cjaffe@law.virginia.edu | 4349244776 |
| Party name: Members of the Southern Virginia Delegation to the Virginia General Assembly, Local Chambers of Commerce, Civic, Trade, and Economic Development Associations, and Municipalities | ||
| John J. Korzen Counsel of Record | Wake Forest University School of Law P.O. Box 7206 Winston-Salem, NC 27109 korzenjj@wfu.edu | 3367585832 |
| Party name: National Conference of State Legislators, National League of Cities, and International City/County Management Association | ||
| Peter C. Meier Counsel of Record | Paul, Hastings, Janofsky & Walker LLP 55 Second Street 24th Floor San Francisco, CA 94105-3441 petermeier@paulhastings.com | (415) 856-7000 |
| Party name: Nuclear Energy Institute | ||
| Erin E. Murphy Counsel of Record | Kirkland & Ellis LLP 655 Fifteenth Street, NW Washington, DC 20005 erin.murphy@kirkland.com | 2028795000 |
| Party name: Chamber of Commerce of the United States of America | ||
| Erin E. Murphy | Kirkland & Ellis LLP 655 Fifteenth Street NW Washington, DC 20005 erin.murphy@kirkland.com | (202) 879-5000 |
| Party name: The Chamber of Commerce of the United States of America | ||
| Jay E. Silberg Counsel of Record | Pillsbury Winthrop Shaw Pittman LLP 1200 Seventeenth Street, N.W. Washington, DC 20036 jay.silberg@pillsburylaw.com | 202-663-8063 |
| Party name: FORMER NUCLEAR REGULATORS | ||
| Kathleen Marie Sullivan Counsel of Record | Quinn Emanuel Urquhart & Sullivan, LLP 51 Madison Ave., 22nd Floor New York, NY 10010 kathleensullivan@quinnemanuel.com | (212) 849-7000 |
| Party name: Entergy Operations, Inc. and Entergy Nuclear Operations, Inc. | ||
| Gordon D. Todd | Sidley Austin LLP 1501 K Street, N.W. Washington, DC 20005 gtodd@sidley.com | (202) 736-8000 |
| Party name: Senators Tom Cotton, et al. | ||
| Gordon Dwyer Todd Counsel of Record | Sidley Austin,LLP 1501 K Street, N.W. Washington, DC 20005 gtodd@sidley.com | 2027368760 |
| Party name: Senator Tom Cotton, Senator Jim Inhofe, and Senator Ted Cruz | ||