| No. 20-1778 Vide 20-1530, 20-1531, 20-1780 | |
| Title: | Westmoreland Mining Holdings LLC, Petitioner v. Environmental Protection Agency, et al. |
| Docketed: | June 23, 2021 |
| Lower Ct: | United States Court of Appeals for the District of Columbia Circuit |
| Case Numbers: | (19-1140, 19-1165, 19-1166, 19-1173, 19-1175, 19-1176, 19-1177, 19-1179, 19-1185, 19-1186, 19-1187, 19-1188) |
| Decision Date: | January 19, 2021 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Jun 18 2021 | Petition for a writ of certiorari filed. (Response due July 23, 2021) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Jun 25 2021 | Blanket Consent filed by Petitioner, Westmoreland Mining Holdings LLC |
| Blanket Consent | |
| Jul 22 2021 | Motion to extend the time to file a response from July 23, 2021 to August 5, 2021, submitted to The Clerk. |
| Main Document | |
| Jul 22 2021 | Brief amicus curiae of The Cato Institute filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jul 23 2021 | 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. |
| 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 Federal respondents in opposition filed. VIDED. |
| Certificate of Word CountMain Document | |
| Aug 05 2021 | Brief of respondents States and Municipalities in opposition filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 24 2021 | Reply of petitioner Westmoreland Mining Holdings LLC 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 limited to Question 2 presented by the petition. The petitions for writs of certiorari in No. 20-1530, No. 20-1531, and No. 20-1780 are granted. 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 | ||
| Andrew Michael Grossman Counsel of Record | Baker & Hostetler LLP 1050 Connecticut Avenue, N.W. Suite 1100 Washington, DC 20036 agrossman@bakerlaw.com | 2028611697 |
| Party name: Westmoreland Mining Holdings LLC | ||
| 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: Federal respondents | ||
| 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 and Municipalities | ||
| Other | ||
| Ilya Shapiro Counsel of Record | Cato Institute 1000 Massachusetts Ave., NW Washington, DC 20001 ishapiro@cato.org | 2028420200 |
| Party name: The Cato Institute | ||