Breaking News

North Dakota v. Environmental Protection Agency

Petition for certiorari denied on May 27, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-940 8th Cir. N/A N/A N/A N/A OT 2013

Issue: Whether the Eighth Circuit applied the incorrect standard of review and erred in upholding the Environmental Protection Agency’s assertion of authority to overrule the reasonable policy and technical decisions made by the state of North Dakota in its Visibility Program state implementation plan, contrary to the authority delegated to the state under the Clean Air Act, and in conflict with decisions of this Court and other federal courts of appeals establishing the division of federal-state jurisdiction under the Act.

DateProceedings and Orders (key to color coding)
Dec 4 2013Application (13A574) to extend the time to file a petition for a writ of certiorari from December 22, 2013 to February 5, 2014, submitted to Justice Alito.
Dec 6 2013Application (13A574) granted by Justice Alito extending the time to file until February 5, 2014.
Feb 5 2014Petition for a writ of certiorari filed. (Response due March 10, 2014)
Feb 5 2014Appendix of North Dakota filed.
Mar 5 2014Order extending time to file response to petition to and including April 9, 2014.
Mar 5 2014Brief amici curiae of American Iron and Steel Institute, et al. filed. VIDED.
Mar 7 2014Brief amici curiae of Arizona, Nebraska, and Fourteen State Agencies filed.
Mar 28 2014Order further extending time to file response to petition to and including April 21, 2014.
Apr 21 2014Brief of respondents Environmental Protection Agency, et al. in opposition filed.
May 5 2014Reply of petitioner North Dakota filed.
May 6 2014DISTRIBUTED for Conference of May 22, 2014.
May 27 2014Petition DENIED.