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Ohio v. Sierra Club

Petition for certiorari denied on March 28, 2016
Docket No. Op. Below Argument Opinion Vote Author Term
15-684 6th Cir. N/A N/A N/A N/A OT 2015

Issue: (1) Whether the phrase “applicable implementation plan” in 42 U.S.C. § 7407(d)(3)(E)(ii) (a provision of the Clean Air Act) refers to a nonattainment plan and requires a state seeking attainment status to continue implementing all EPA nonattainment-plan mandates; and (2) whether the nonattainment-plan statute’s mandate to use “reasonably available control measures” in section 7502(c)(1) compels states to impose measures unnecessary to meet the relevant air-quality standards.

DateProceedings and Orders (key to color coding)
Nov 23 2015Petition for a writ of certiorari filed. (Response due December 24, 2015)
Dec 11 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner
Dec 14 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Ohio Utility Group, and Its Member Companies.
Dec 16 2015Order extending time to file response to petition to and including January 25, 2016, for all respondents.
Dec 22 2015Brief amici curiae of Indiana and Nine States filed.
Dec 23 2015Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Dec 24 2015Brief of respondents The Ohio Utility Group and Its Members in support filed.
Jan 22 2016Brief of respondents Environmental Protection Agency, et al. in opposition filed.
Jan 25 2016Brief of respondent Sierra Club in opposition filed.
Feb 8 2016Reply of petitioner Ohio filed. (Distributed)
Feb 10 2016DISTRIBUTED for Conference of February 26, 2016.
Feb 29 2016DISTRIBUTED for Conference of March 4, 2016.
Mar 14 2016DISTRIBUTED for Conference of March 18, 2016.
Mar 21 2016DISTRIBUTED for Conference of March 25, 2016.
Mar 28 2016Petition DENIED.