| No. 20-1531 Vide 20-1530, 20-1778, 20-1780 | |
| Title: | The North American Coal Corporation, Petitioner v. Environmental Protection Agency, et al. |
| Docketed: | May 4, 2021 |
| Lower Ct: | United States Court of Appeals for the District of Columbia Circuit |
| Case Numbers: | (19-1179) |
| Decision Date: | January 19, 2021 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Apr 30 2021 | Petition for a writ of certiorari filed. (Response due June 3, 2021) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| May 24 2021 | Blanket Consent filed by Petitioner, The North American Coal Corporation |
| Blanket Consent | |
| May 27 2021 | Motion to extend the time to file a response from June 3, 2021 to July 6, 2021, submitted to The Clerk. |
| Main Document | |
| May 28 2021 | 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. |
| Jun 03 2021 | Brief amicus curiae of New England Legal Foundation filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jun 25 2021 | Motion to extend the time to file a response from July 6, 2021 to August 5, 2021, submitted to The Clerk. |
| Main Document | |
| Jun 28 2021 | 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. |
| Aug 05 2021 | 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. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 05 2021 | Brief of respondents Non-Governmental Organization and Trade Association Respondents in opposition filed. VIDED. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 05 2021 | Brief of respondents U.S. Environmental Protection Agency and Michael Regan, Administrator of the U.S. Environmental Protection Agency in opposition filed. VIDED. |
| Main DocumentCertificate of Word Count | |
| Aug 05 2021 | Brief of respondents States and Municipalities in opposition filed. VIDED. |
| Main DocumentCertificate of Word CountCertificate of Word Count | |
| Aug 24 2021 | Reply of petitioner The North American Coal Corporation filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 25 2021 | DISTRIBUTED for Conference of 9/27/2021. |
| Oct 04 2021 | DISTRIBUTED for Conference of 10/8/2021. |
| Oct 12 2021 | DISTRIBUTED for Conference of 10/15/2021. |
| Oct 25 2021 | DISTRIBUTED for Conference of 10/29/2021. |
| Oct 29 2021 | 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. |
| Nov 04 2021 | 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.” |
| Dec 17 2021 | ARGUMENT SET FOR Monday, February 28, 2022. VIDED. |
| Dec 21 2021 | Record requested from the U.S.C.A. District of Columbia Circuit. |
| Dec 23 2021 | 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. |
| Jan 18 2022 | CIRCULATED |
| Feb 28 2022 | 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. |
| Jun 30 2022 | 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. |
| Aug 01 2022 | JUDGMENT ISSUED |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Jacob Moshe Roth Counsel of Record | Jones Day 51 Louisiana Avenue NW Washington, DC 20001 yroth@jonesday.com | 202-879-3939 |
| Party name: The North American Coal Corporation | ||
| Attorneys for Respondents | ||
| Beth Susan Brinkmann Counsel of Record | Covington & Burling LLP 850 Tenth Street, NW Washington, DC 20001-4956 bbrinkmann@cov.com | 202-662-5312 |
| Party name: Consolidated Edison, Inc., Exelon Corporation, National Grid USA, New York Power Authority, Power Companies Climate Coalition, and Sacramento Municipal Utility District | ||
| Sean Hoe Donahue Counsel of Record | Donahue, Goldberg & Littleton 1008 Pennsylvania Avenue, SE Washington, DC 20003 sean@donahuegoldberg.com | 2022777085 |
| Party name: Non-Governmental Organization and Trade Association 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: U.S. Environmental Protection Agency and Michael Regan, Administrator of the U.S. Environmental Protection Agency | ||
| 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: State of New York, States and Municipalities | ||
| Steven Chiajon Wu | New York Office of the Attorney General 28 Liberty Street New York, NY 10005 steven.wu@ag.ny.gov | 2124166312 |
| Party name: State of New York | ||
| Other | ||
| John Pagliaro Counsel of Record | The New England Legal Foundation 150 Lincoln Street Boston, MA 02111 johnpagliaro@nelfonline.org | 617-695-3660 |
| Party name: New England Legal Foundation | ||