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Virginia Uranium, Inc. v. Warren

Docket No. Op. Below Argument Opinion Vote Author Term
16-1275 4th Cir. Nov 5, 2018
Tr.Aud.
TBD TBD TBD OT 2018

Issue: Whether the Atomic Energy Act pre-empts a state law that on its face regulates an activity within its jurisdiction (here, uranium mining), but has the purpose and effect of regulating the radiological safety hazards of activities entrusted to the Nuclear Regulatory Commission (here, the milling of uranium and the management of the resulting tailings). CVSG: 04/09/2018.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 21 2017Petition for a writ of certiorari filed. (Response due May 25, 2017)
May 02 2017Consent the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners
May 17 2017Waiver of right of respondents John Warren, et al. to respond filed.
May 23 2017DISTRIBUTED for Conference of June 8, 2017.
May 25 2017Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed)
May 25 2017Brief amici curiae of Senators Tom Cotton, et al. filed. (Distributed)
Jun 01 2017Response Requested. (Due July 3, 2017)
Jun 15 2017Order extending time to file response to petition to and including August 2, 2017.
Aug 02 2017Brief of respondents John Warren, et al. in opposition filed.
Aug 15 2017Reply of petitioners Virginia Uranium, Inc., et al. filed.
Aug 16 2017DISTRIBUTED for Conference of 9/25/2017.
Oct 02 2017The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Apr 09 2018Brief amicus curiae of United States filed.
Apr 23 2018Supplemental brief of respondents John Warren, et al. filed. (Distributed)
Apr 24 2018DISTRIBUTED for Conference of 5/10/2018.
May 14 2018DISTRIBUTED for Conference of 5/17/2018.
May 21 2018Petition GRANTED.
May 22 2018Blanket Consent filed by Petitioners, Virginia Uranium, Inc., et al..
May 23 2018Blanket Consent filed by Respondents, John Warren, et al..
May 24 2018Joint motion for an extension of time to file the joint appendix and the opening briefs on the merits filed.
Jun 11 2018Joint motion to extend the time to file the joint appendix and the opening briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 19, 2018. The time to file respondents' brief on the merits is extended to and including August 27, 2018.
Jul 19 2018Brief of petitioner Virginia Uranium, Inc., et al. filed.
Jul 19 2018Joint appendix filed. (Statement of costs filed)
Jul 26 2018Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Jul 26 2018Brief amicus curiae of Nuclear Energy Institute filed.
Jul 26 2018Brief amicus curiae of United States filed.
Jul 26 2018Brief amici curiae of Former Nuclear Regulators filed.
Jul 26 2018Brief amici curiae of Entergy Operations, Inc. and Entergy Nuclear Operations, Inc. filed.
Jul 26 2018Brief amici curiae of Senator Tom Cotton, Senator Jim Inhofe, and Senator Ted Cruz filed.
Aug 20 2018SET FOR ARGUMENT on Monday, November 5, 2018
Aug 27 2018Brief of respondents John Warren, et al. filed.
Aug 29 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 04 2018Brief amici curiae of States of Indiana, et al. filed.
Sep 04 2018Brief amici curiae of National Conference of State Legislators, et al. filed.
Sep 04 2018Brief amici curiae of The Roanoke River Basin Association, et al. filed.
Sep 04 2018Brief amici curiae of Preemption Law Professors filed.
Sep 04 2018Brief amici curiae of Members of the Southern Virginia Delegation to the Virginia General Assembly, et al. filed.
Sep 10 2018Record requested from the U.S.C.A. 4th Circuit.
Sep 12 2018CIRCULATED
Sep 18 2018The entire record from the U.S.D.C. Western Dist. of Virginia is electronic and located on PACER.
Sep 26 2018Reply of petitioners Virginia Uranium, Inc., et al. filed. (Distributed)
Oct 01 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 05 2018Argued. For petitioners: Charles J. Cooper, Washington, D. C.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Toby J. Heytens, Solicitor General of Virginia, Richmond, Va.
 
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