Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 17 Conference; we do not expect the Justices to issue any decisions on the merits.

Texas v. Environmental Protection Agency

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Docket No. Op. Below Argument Opinion Vote Author Term
12-1269 D.C. Cir. Feb 24, 2014
Tr.Aud.
Jun 23, 2014 9-0 Scalia OT 2013

Holding: The Clean Air Act neither compels nor permits the Environmental Protection Agency to adopt an interpretation of theClean Air Act requiring a stationary source of pollution to obtain a "Prevention of Significant Deterioration" or Title V permit on the sole basis of its potential greenhouse-gas emission. However, EPA reasonably interpreted the Clean Air Act to require sources that would need permits based on their emission of chemical pollutants to comply with “best available control technology” for greenhouse gases.

Judgment: Affirmed in part, reversed in part., 9-0, in an opinion by Justice Scalia on June 23, 2014. Justice Scalia announced the judgement of the Court and delivered an opinion, Parts I and II of which were for the Court. Justice Thomas and Justice Alito joined the opinion as to Parts I, II-A, II-B-1, and Justice Ginsburg, Justice Breyer, Justice Sotomayor and Justice Kagan joined as to Part II-B-2. Justice Breyer filed an opinion concurring in part and dissenting in part, in which Justice Ginsburg, Justice Sotomayor, and Justice Kagan joined. Justice Alito filed an opinion concurring in part and dissenting in part, in which Justice Thomas joined.

SCOTUSblog Coverage

DateProceedings and Orders
Mar 8 2013Application (12A884) to extend the time to file a petition for a writ of certiorari from March 20, 2013 to April 19, 2013, submitted to The Chief Justice.
Mar 12 2013Application (12A884) granted by The Chief Justice extending the time to file until April 19, 2013.
Mar 18 2013Application (12A905) to extend the time to file a petition for a writ of certiorari from March 20, 2013 to April 19, 2013, submitted to The Chief Justice.
Mar 19 2013Application (12A905) granted by The Chief Justice extending the time to file until April 19, 2013.
Apr 19 2013Petition for a writ of certiorari filed. (Response due May 23, 2013)
Apr 19 2013Appendix of Texas, et al. filed. (Volumes I & II)
May 8 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Texas, and eight other states.
May 13 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners Southeastern Legal Foundation, Inc., et al.
May 14 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party prty, received from counsel for the Federal Respondent.
May 14 2013Letter of respondent National Environmental Development Association's Clean Air Project in support of the petitioner received..
May 15 2013Order extending time to file response to petition to and including June 21, 2013, for all respondents.
May 17 2013Consent to the filing of amicus curiae briefs, in support of either party, or of neither party, received from counsel for the State of Indiana.
May 23 2013Brief amici curiae of Kansas, Montana, and West Virginia filed.
May 23 2013Brief amici curiae of Scientists filed. VIDED.
Jun 6 2013Order further extending time to file response to petition to and including July 22, 2013, for all respondents.
Jun 7 2013Application (12A1181) to file consolidated brief in opposition in excess of word limits, submitted to The Chief Justice.
Jun 7 2013Application (12A1181) to file consolidated brief in opposition in excess of word limits granted by The Chief Justice. The consolidated brief in opposition may not exceed 12,000 words.
Jul 1 2013Application (13A35) to file consolidated brief in opposition in excess of word limits, submitted to The Chief Justice.
Jul 8 2013Application (13A35) to file consolidated brief in opposition in excess of word limits granted by The Chief Justice. The consolidated brief in opposition may not exceed 11,000 words.
Jul 22 2013Brief of respondents Environmental Protection Agency, et al. in opposition filed. VIDED.
Jul 22 2013Brief of Environmental Organization respondents in opposition filed. VIDED.
Jul 22 2013Brief of respondents New York, et al. in opposition filed. VIDED.
Aug 7 2013DISTRIBUTED for Conference of September 30, 2013.
Sep 13 2013Reply of petitioner Texas, et al. filed. (Distributed)
Oct 7 2013DISTRIBUTED for Conference of October 11, 2013.
Oct 15 2013Petition GRANTED limited to the following Question: Whether EPA permissibly determined that its regulation of greenhouse gas emissions from new motor vehicles triggered permitting requirements under the Clean Air Act for stationary sources that emit greenhouse gases. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.
Oct 22 2013Briefing proposal of the parties. VIDED
Oct 24 2013Letter from Coalition for Responsible Regulation, Inc., et al. regarding briefing proposal. VIDED.
Oct 29 2013Upon consideration of the letter of October 22, 2013, from counsel for petitioners in No. 12-1248 on behalf of the parties, the briefing proposal set out in the letter is adopted with the exception that the briefs of petitioners shall not exceed 45,000 words in aggregate. The briefs of respondents in support of petitioners shall not exceed 6,000 words each. The brief of the Solicitor General shall not exceed 15,000 words. The briefs of other respondents shall not exceed 10,000 words each. Reply briefs shall not exceed 18,000 words in aggregate. VIDED
Nov 1 2013Consent from petitioner Utility Air Regulatory Group to the filing of amicus curiae briefs in support of either party or neither party. VIDED.
Nov 1 2013The time to file joint appendix, petitioners' briefs on the merits, and briefs of respondents in support of petitioners is extended to and including December 9, 2013. VIDED
Nov 1 2013The time to file respondents' briefs on the merits is extended to and including January 21, 2014. VIDED
Nov 1 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the United States Federal Environmental Protection Agency, et al. VIDED.
Nov 7 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner Texas, et al. VIDED.
Nov 8 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Southeastern Legal Foundation, Inc., et al. VIDED.
Nov 8 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Coalition for Responsible Regulation, Inc., et al. VIDED.
Nov 12 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for American Chemistry Council, et al. VIDED.
Nov 12 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for New York, California, et al. VIDED.
Nov 12 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Environmental Organizations, Center for Biological Diversitiy, et al. VIDED.
Nov 12 2013Letter received from counsel for the Automobile Respondents. VIDED.
Nov 19 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Energy-Intensive Manufacturers Working Group on Greenhouse Gas Regulation, et al. VIDED.
Nov 21 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for The Chamber of Commerce of the United States of America, et al. VIDED.
Nov 25 2013SET FOR ARGUMENT ON Monday, February 24, 2014
Dec 9 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the National Mining Association. VIDED.
Dec 9 2013Brief of respondents Coalition for Responsible Regulation, Inc., et al. in support of petitioners filed. VIDED.
Dec 9 2013Brief of petitioners American Chemistry Council, et al. filed. VIDED.
Dec 9 2013Brief of petitioners Chamber of Commerce of the United States of America, et al. filed. VIDED.
Dec 9 2013Brief of petitioners Southeastern Legal Foundation, Inc., et al. filed. VIDED.
Dec 9 2013Brief of petitioner Energy-Intensive Manufacturers Working Group on Greenhouse Gas Regulation, et al. filed. VIDED.
Dec 9 2013Brief of petitioners Texas, et al. filed. VIDED.
Dec 9 2013Joint appendix filed (5 volumes). (Statement of costs filed.) VIDED.
Dec 9 2013Brief of petitioner Utility Air Regulatory Group filed. VIDED.
Dec 12 2013Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED.
Dec 13 2013Record received from U.S.C.A. DC Circuit. The record is electronic.
Dec 16 2013Brief amici curiae of States of Kansas, et al. filed. VIDED.
Dec 16 2013Brief amicus curiae of Peabody Energy Corporation filed. VIDED.
Dec 16 2013Brief amici curiae of Political Economists Henry N. Butler, et al. filed. VIDED.
Dec 16 2013Brief amici curiae of Economists Thomas C. Schelling, et al. filed. VIDED.
Dec 16 2013Brief amicus curiae of Committee for a Constructive Tomorrow filed. VIDED.
Dec 16 2013Brief amicus curiae of American Civil Rights Union filed. VIDED.
Dec 16 2013Brief amici curiae of Texas Oil & Gas Association, et al. filed. VIDED.
Dec 16 2013Brief amicus curiae of Senator Mitch McConnell and Other Members of the United States Congress filed. VIDED.
Dec 16 2013Brief amicus curiae of Mountain States Legal Foundation filed. VIDED.
Dec 16 2013Brief amici curiae of Five U.S. Senators filed. VIDED.
Dec 16 2013Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
Dec 16 2013Brief amici curiae of State and Local Chambers of Commerce, and Other Business Associations filed. VIDED.
Dec 16 2013Brief amici curiae of Administrative Law Professors, et al. filed. VIDED. (Distributed)
Dec 16 2013Brief amicus curiae of American Road & Transportation Builders Association in support of neither party filed. VIDED. (Distributed)
Dec 16 2013Brief amici curiae of Scientists and Economists filed. VIDED. (Distributed)
Dec 20 2013CIRCULATED.
Jan 6 2014Motion for divided argument and enlargement of time for oral argument filed by petitioners. VIDED.
Jan 21 2014Brief of respondent Environmental Protection Agency filed. VIDED. (Distributed)
Jan 21 2014Brief of respondents Environmental Organization respondents filed. VIDED. (Distributed)
Jan 21 2014Brief of respondents New York, et al. filed. VIDED. (Distributed)
Jan 27 2014Motion for divided argument filed by petitioners GRANTED. and the time is divided as follows: 30 minutes for private party petitioners, 15 minutes for state petitioners, and 45 minutes for respondents.
Jan 27 2014Brief amici curiae of South Coast Air Quality Management District, et al. filed. VIDED. (Distributed)
Jan 27 2014Brief amicus curiae of Institute for Policy Integrity at New York University School of Law filed. VIDED. (Distributed)
Jan 28 2014Brief amicus curiae of Calpine Corporation filed. VIDED. (Distributed)
Jan 28 2014Brief amicus curiae of American Thoracic Society filed. VIDED. (Distributed)
Jan 28 2014Brief amicus curiae of Constitutional Accountability Center filed. VIDED. (Distributed)
Feb 13 2014Reply of respondents Coalition for Responsible Regulation, Inc., et al. in support of petitioners filed. VIDED. (Distributed)
Feb 14 2014Reply of petitioners in Nos. 12-1248, 12-1254, 12-1268, and 2-1272 filed. VIDED. (Distributed)
Feb 14 2014Reply of petitioners Texas, et al. filed. VIDED. (Distributed)
Feb 14 2014Reply of petitioner Utility Air Regulatory Group filed. VIDED. (Distributed)
Feb 24 2014Argued. For private petitioners: Peter Keisler, Washington, D. C. For state petitioners: Jonathan F. Mitchell, Solicitor General, Austin, Tex. For respondents: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C.
Jun 23 2014Adjudged to be AFFIRMED IN PART, REVERSED IN PART. Scalia, J., announced the judgment of the Court and delivered an opinion, Parts I and II of which were for the Court. Roberts, C. J., and Kennedy, J., joined that opinion in full; Thomas and Alito, JJ., joined as to Parts I, II-A, and II-B-1; and Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined as to Part II-B-2. Breyer, J., filed an opinion concurring in part and dissenting in part, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. Alito, J., filed an opinion concurring in part and dissenting in part, in which Thomas, J., joined. VIDED
Jul 25 2014JUDGMENT ISSUED.
 
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