Issue: Whether the Clean Air Act, which provides a comprehensive system for the regulation of air pollution in the United States and leaves “no room for a parallel track,” American Electric Power Co. v. Connecticut, preempts state common law nuisance claims that would impose emissions restrictions different from those adopted pursuant to the Act and expose companies operating in compliance with all applicable emissions standards under the Act to liability for their emissions.
Proceedings and Orders
Nov 27 2013
Application (13A554) to extend the time to file a petition for a writ of certiorari from December 22, 2013 to January 22, 2014, submitted to Justice Alito.
Dec 3 2013
Application (13A554) granted by Justice Alito extending the time to file until January 21, 2014.
Dec 27 2013
Application (13A554) to extend further the time to file a petition for a writ of certiorari from January 21, 2014 to February 20, 2014, submitted to Justice Alito.
Jan 4 2014
Application (13A554) granted by Justice Alito extending the time to file until February 20, 2014.
On Monday, the justices met for their September 26 conference. They issued orders from this conference on Thursday. The court granted certiorari in nine cases, consolidating two. The October sitting will begin on October 3; the argument calendar for that sitting is available on the court's website.
Bank of America Corp. v. City of Miami (1) Whether, by limiting suit to “aggrieved person[s],” Congress required that a Fair Housing Act plaintiff plead more than just Article III injury-in-fact; and (2) whether proximate cause requires more than just the possibility that a defendant could have foreseen that the remote plaintiff might ultimately lose money through some theoretical chain of contingencies.
Moore v. Texas (1) Whether it violates the Eighth Amendment and this Court’s decisions in Hall v. Florida and Atkins v. Virginia to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in determining whether an individual may be executed.
Pena-Rodriguez v. Colorado Whether a no-impeachment rule constitutionally may bar evidence of racial bias offered to prove a violation of the Sixth Amendment right to an impartial jury.
BeavEx Inc. v. Costello Whether the Federal Aviation Administration Authorization Act preempts generally-applicable state laws that force motor carriers to treat and pay all drivers as “employees” rather than as independent contractors.