| No. 23A350 | |
| Title: | Kinder Morgan, Inc., 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: | (23-1190) |
| Date | Proceedings and Orders |
| Oct 13 2023 | Application (23A350) for a stay, submitted to The Chief Justice. |
| Main DocumentProof of Service | |
| Oct 19 2023 | Response to application (23A350) requested by The Chief Justice, due by 4 p.m. (EDT) on October 30, 2023. |
| Oct 20 2023 | Brief amicus curiae of Energy Infrastructure Council filed. |
| Main DocumentProof of Service | |
| Oct 30 2023 | Response 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 2023 | Response to application from respondent Public Interest Respondents filed. |
| Main DocumentProof of Service | |
| Oct 30 2023 | Response to application from respondent Environmental Protection Agency, et al. filed. |
| Proof of ServiceMain Document | |
| Nov 01 2023 | Reply of applicant Kinder Morgan, Inc., et al. filed. |
| ReplyProof of Service | |
| Dec 20 2023 | Application (23A350) referred to the Court. |
| Dec 20 2023 | Consideration 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 2024 | SET FOR ARGUMENT on Wednesday, February 21, 2024. VIDED. |
| Jan 05 2024 | Record requested from the United States Court of Appeals for the District of Columbia Circuit. |
| Jan 08 2024 | Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk. |
| Jan 09 2024 | Any motion regarding oral argument is due on or before Friday, January 12, 2024. VIDED. |
| Jan 09 2024 | Motion for divided argument filed by the Solicitor General, et al. VIDED. (Distributed) |
| Main DocumentProof of Service | |
| Jan 10 2024 | Motion for divided argument filed by applicants. VIDED. |
| Main Document | |
| Jan 22 2024 | Motion for divided argument filed by applicants GRANTED. VIDED. |
| Jan 22 2024 | Motion for divided argument filed by the Solicitor General GRANTED. VIDED. |
| Jan 23 2024 | Letter of respondents Environmental Protection Agency, et al. notifying the Court of proposed rule filed. VIDED. (Distributed) |
| Main Document | |
| Feb 21 2024 | Argued. 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 2024 | Letter of respondents EPA, et al. updating Court filed. VIDED. (Distributed) |
| Main Document | |
| Jun 27 2024 | Applications 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. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Catherine Emily Stetson Counsel of Record | Hogan Lovells US LLP 555 13th Street, N.W. Washington, DC 20004-1109 CATE.STETSON@HOGANLOVELLS.COM | 2026375491 |
| Party name: Kinder Morgan, Inc., et al. | ||
| Attorneys for 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 | ||
| 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 | ||
| 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: Environmental Protection Agency, et al. | ||
| Other | ||
| Jeremy Charles Marwell Counsel of Record | Vinson & Elkins LLP 2200 Pennsylvania Avenue, NW, Suite 500W Washington, DC 20037 JMARWELL@VELAW.COM | 202-639-6507 |
| Party name: Energy Infrastructure Council | ||