No. 23A349
Title:Ohio, 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:(23-1183)
   Decision Date:
   Rehearing Denied:
  Discretionary Court Decision Date:

DateProceedings and Orders
Oct 13 2023Application (23A349) for a stay, submitted to The Chief Justice.
Main DocumentLower Court Orders/OpinionsProof of Service
Oct 19 2023Response to application (23A349) requested by The Chief Justice, due by 4 p.m. (EDT) on October 30, 2023.
Oct 30 2023Response to application from respondent EPA 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 Ohio, et al. filed.
ReplyProof of Service
Dec 20 2023Application (23A349) 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 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 of the Solicitor General for divided argument filed. VIDED.
Main DocumentProof of Service
Jan 10 2024Motion for divided argument filed by applicants. VIDED.
Main DocumentProof of Service
Jan 22 2024Motion for divided argument filed by applicants GRANTED. VIDED.
Jan 22 2024Motion for divided argument filed by the Solicitor General GRANTED. VIDED.
Jan 23 2024Letter of respondents EPA, 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
May 01 2024Letter of respondents of respondents EPA, et al. notifying Court of proposed settlement agreement with Nevada Cement Company, LLC 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
Mathura Jaya Sridharan
    Counsel of Record		Ohio Attorney General's Office
30 E. Broad Street
Columbus, OH 43215

Mathura.Sridharan@OhioAGO.gov		4408216380
Party name: Ohio, et al.
Attorneys for Respondents
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
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
Elizabeth B. Prelogar
    Counsel of Record		United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV		202-514-2217
Party name: EPA