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Docket for 23-1067
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No. 23-1067
Vide 23-1068
Title:Oklahoma, et al., Petitioners
v.
Environmental Protection Agency, et al.
Docketed:April 1, 2024
Lower Ct:United States Court of Appeals for the Tenth Circuit
   Case Numbers:(23-9514)
   Decision Date:February 27, 2024
   Rehearing Denied:
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Mar 28 2024Petition for a writ of certiorari filed. (Response due May 1, 2024)
PetitionProof of ServiceCertificate of Word Count
Apr 23 2024Motion to extend the time to file a response from May 1, 2024 to May 21, 2024, submitted to The Clerk.
Main Document
Apr 24 2024Motion to extend the time to file a response is granted and the time is extended to and including May 21, 2024.
May 01 2024Brief amici curiae of Arkansas, et al. filed.
Main DocumentCertificate of Word CountProof of Service
May 01 2024Brief amici curiae of U.S. Senators Mike Lee, et al. filed.
Main DocumentCertificate of Word CountProof of Service
May 21 2024Brief for the Federal Respondents filed. VIDED.
Main DocumentProof of Service
May 22 2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Main Document
May 28 2024DISTRIBUTED for Conference of 6/13/2024.
May 29 2024Rescheduled.
May 30 2024Reply of petitioners Oklahoma, et al. filed.
Main DocumentProof of ServiceCertificate of Word Count
Sep 11 2024DISTRIBUTED for Conference of 9/30/2024.
Oct 07 2024DISTRIBUTED for Conference of 10/11/2024.
Oct 15 2024DISTRIBUTED for Conference of 10/18/2024.
Oct 21 2024Petition GRANTED. The petition for a writ of certiorari in No. 23-1068 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. Justice Alito took no part in the consideration or decision of these petitions. VIDED.
Oct 21 2024Because 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. 23-1067. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 23-1067. 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.”
Oct 28 2024Motion for an extension of time to file the briefs on the merits filed. VIDED.
Main Document
Oct 31 2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' briefs on the merits is extended to and including December 13, 2024. The time to file respondents' brief on the merits is extended to and including January 17, 2025. VIDED.
Dec 13 2024Brief of petitioners Oklahoma, et al. (as to 23-1067) filed.
Main DocumentProof of ServiceCertificate of Word Count
Dec 13 2024Brief of petitioners PacifiCorp, et al. (as to 23-1068) filed.
Main DocumentCertificate of Word CountProof of Service
Dec 13 2024Joint appendix filed. VIDED.
Main DocumentProof of Service
Dec 20 2024Brief amici curiae of U.S. Senator Mike Lee, et al. (as to 23-1067) filed.
Main DocumentProof of ServiceCertificate of Word Count
Dec 20 2024Brief amici curiae of Arkansas, et al. filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Dec 20 2024Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Jan 17 2025Brief of respondents EPA, et al. filed. VIDED.
Main DocumentProof of Service
Jan 24 2025Motion to hold the briefing schedule in abeyance filed by respondents EPA, et al. VIDED. (Distributed)
Main DocumentProof of Service
Jan 24 2025Brief amici curiae of New York, et al. filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Jan 24 2025Brief amici curiae of Jonathan Cannon, et al. filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Jan 24 2025Motion for divided argument filed by petitioners. VIDED.
Main DocumentProof of Service
Jan 27 2025Response in opposition to motion to hold the briefing schedule in abeyance from petitioners Oklahoma, et al. filed. (Distributed)
Main Document
Jan 28 2025Response in opposition to motion to hold the briefing schedule in abeyance from petitioners PacifiCorp, et al. filed. (Distributed)
Main Document
Feb 06 2025Motion of the Acting Solicitor General to hold the briefing schedule in abeyance DENIED. Justice Alito took no part in the consideration or decision of this motion. VIDED.
Feb 10 2025SET FOR ARGUMENT on Tuesday, March 25, 2025. VIDED.
Feb 12 2025Record requested from the United States Court of Appeals for the Tenth Circuit.
Feb 12 2025Record received electronically from the United States Court of Appeals for the Tenth Circuit and available with the Clerk.
Feb 18 2025Reply of petitioners Oklahoma, et al. filed (as to 23-1067). (Distributed)
Main DocumentProof of ServiceCertificate of Word Count
Feb 18 2025Reply of petitioners PacifiCorp, et al. filed (as to 23-1068). (Distributed)
Main DocumentCertificate of Word CountProof of Service
Feb 19 2025CIRCULATED
Feb 24 2025Motion for divided argument filed by petitioners GRANTED. Justice Alito took no part in the consideration or decision of this motion. VIDED.
Mar 25 2025Argued. For petitioners in 23-1067: Mithun Mansinghani, Oklahoma City, Okla. For petitioners in 23-1068: Misha Tseytlin, Chicago, Ill. For respondents: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.
Mar 28 2025Letter Notifying of Fifth Circuit Opinion of Oklahoma, et al. submitted.
Main Document

NAMEADDRESSPHONE
Attorneys for Petitioners
Mithun Mansinghani
    Counsel of Record		Lehotsky Keller Cohn LLP
629 W. Main Street
Oklahoma City, OK 73102

mithun@lkcfirm.com		5126938350
Party name: Oklahoma, et al.
Stanford Edward Purser
    Counsel of Record		Office of Utah Attorney General
160 E. 300 S., 5th floor
Salt Lake City, UT 84111

SPURSER@AGUTAH.GOV		385-382-4334
Party name: State of Utah
Misha Tseytlin
    Counsel of Record		Troutman Pepper Locke LLP
111 South Wacker Drive
Suite 4100
Chicago, IL 60606

MISHA.TSEYTLIN@TROUTMAN.COM		608-999-1240
Party name: PacifiCorp, et al.
Emily Church SchillingHolland & Hart LLP
222 South Main Street, Suite 2200
Salt Lake City, UT 84101

ecschilling@hollandhart.com		2023936500
Party name: State of Utah
Kristina Renee Van BockernHolland & Hart LLP
555 17th Street, Suite 3200
Denver, CO 80202

trvanbockern@hollandhart.com		303-295-8107
Party name: State of Utah
Attorneys for Respondents
Sarah M. Harris
    Counsel of Record		Acting Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV		202-514-2217
Party name: EPA, et al.
Other
Nicholas Jacob Bronni
    Counsel of Record		Solicitor General of Arkansas
Arkansas Attorney General's Office
323 Center St., Suite 200
Little Rock, AR 72201

NICHOLAS.BRONNI@ARKANSASAG.GOV		501-682-6302
Party name: State of Arkansas, et al.
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: Chamber of Commerce of the United States of America
R. Trent McCotter
    Counsel of Record		Separation of Powers Clinic, Scalia Law School
3600 John McCormack Rd.
Washington, DC 20064

rmccotter@gmu.edu		202-706-5488
Party name: U.S. Senators Mike Lee, Cynthia Lummis, Roger Marshall, and Ted Budd
Matthew Jeffrey Sanders
    Counsel of Record		Stanford Law School Environmental Law Clinic
559 Nathan Abbott Way
Stanford, CA 94305

matthewjsanders@stanford.edu		650-736-8775
Party name: Former EPA General Counsels Jonathan Cannon, E. Donald Elliott, and Avi Garbow
Deborah A. SivasStanford Law School Enviromental Law Clinic
559 Nathan Abbott Way
Stanford, CA 94305-8610

dsivas@stanford.edu		650-724-1900
Party name: Former EPA General Counsels Jonathan Cannon, E. Donald Elliott, and Avi Garbow
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, Arizona, Connecticut, Delaware, Hawai‘i, Illinois, Maine, Mary¬land, Massachusetts, Michigan, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, and Wisconsin; the District of Columbia; Harris County, Texas; and the City of New York

 

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