| No. 20-1780 Vide 20-1530, 20-1531, 20-1778 | |
| Title: | North Dakota, 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) |
| PetitionAppendixProof of ServiceCertificate of Word Count | |
| Jun 28 2021 | Blanket Consent filed by Petitioner, State of North Dakota |
| Blanket Consent | |
| Jul 15 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 16 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. |
| Jul 22 2021 | Brief amici curiae of South Texas Electric Cooperative, Inc., et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 23 2021 | Motion for leave to file amicus brief filed by Lignite Energy Council. |
| Main DocumentCertificate of Word CountProof of Service | |
| 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 CountCertificate of Word Count | |
| Aug 23 2021 | Reply of petitioner State of North Dakota filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| 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. 20-1531 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. |
| Oct 29 2021 | Motion for leave to file amicus brief filed by Lignite Energy Council GRANTED. |
| 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 | ||
| Paul Martin Seby Counsel of Record | Greenberg Traurig LLP 1144 15th Street Suite 3300 Denver, CO 80202 sebyp@gtlaw.com | 303-572-6500 |
| Party name: State of North Dakota | ||
| 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 | ||
| Michael John Nasi Counsel of Record | Jackson Walker L.L.P. 100 Congress Avenue, Suite 1100 Austin, TX 78701 mnasi@jw.com | 5122362216 |
| Party name: South Texas Electric Cooperative, Inc., et al | ||
| Michael John Nasi Counsel of Record | Jackson Walker L.L.P. 100 Congress Avenue, Suite 1100 Austin, TX 78701 mnasi@jw.com | 5122362216 |
| Party name: Lignite Energy Council | ||