Luminant Generation Company LLC v. Environmental Protection Agency

Petition for certiorari denied on October 7, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-1484 5th Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether, contrary to 42 U.S.C. § 7410’s express limit on the EPA’s disapproval authority and decisions of other courts of appeals, the EPA may substitute its own policy preferences for a state’s about the appropriate means of controlling air pollution within that state, without identifying any applicable “requirement of th[e] [Clean Air Act]” with which the state’s chosen means would interfere; and (2) whether the panel erred under SEC v. Chenery Corp., by upholding agency action based on, and by purporting to “defer” to, an interpretation of the Clean Air Act that the EPA itself not only never adopted – but in fact expressly rejected.

DateProceedings and Orders
Jun 24 2013Petition for a writ of certiorari filed. (Response due July 24, 2013)
Jul 17 2013Order extending time to file response to petition to and including August 23, 2013.
Jul 24 2013Brief amici curiae of Utility Air Regulatory Group, et al. filed.
Jul 24 2013Brief amici curiae of Texas, et al. filed.
Aug 23 2013Brief of respondent Environmental Protection Agency in opposition filed.
Sep 10 2013Reply of petitioners Luminant Generation Company LLC, et al. filed.
Sep 11 2013DISTRIBUTED for Conference of September 30, 2013.
Oct 7 2013Petition DENIED.
 
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