CPV Maryland, LLC v. Talen Energy Marketing
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-623 | 4th Cir. | Feb 24, 2016 | Apr 19, 2016 | 8-0 | Ginsburg | OT 2015 |
Holding: Maryland's regulatory program to encourage development of new in-state energy generation is preempted by the Federal Power Act, which vests in the Federal Energy Regulatory Commission exclusive jurisdiction over interstate wholesale electricity rates.
Judgment: Affirmed, 8-0, in an opinion by Justice Ginsburg on April 19, 2016. Justice Sotomayor filed a concurring opinion. Justice Thomas filed an opinion concurring in part and concurring in the judgment.
SCOTUSblog Coverage
- Opinion analysis: U.S. energy regulators' authority grows (Lyle Denniston, April 19, 2016)
- Argument analysis: Will the new FERC case turn out to be easy? (Lyle Denniston, February 24, 2016)
- Argument preview: FERC v. the states -- Round 2 (Lyle Denniston, February 17, 2016)
- Court takes on new energy pricing dispute (Lyle Denniston, October 19, 2015)
| Date | Proceedings and Orders |
|---|---|
| 09/12/2014 | Application (14A282) to extend the time to file a petition for a writ of certiorari from September 28, 2014 to November 27, 2014, submitted to The Chief Justice. |
| 09/15/2014 | Application (14A282) granted by The Chief Justice extending the time to file until November 27, 2014. |
| 11/26/2014 | Petition for a writ of certiorari filed. (Response due December 29, 2014) |
| 12/11/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners Nazarian, et al. |
| 12/12/2014 | Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioner CPV Maryland, LLC. VIDED |
| 12/17/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| 12/22/2014 | Order extending time to file response to petition to and including February 11, 2015. |
| 12/24/2014 | Brief amicus curiae of National Association of Regulatory Utility Commissioners filed. VIDED. |
| 12/26/2014 | Brief amici curiae of The States of Connecticut, et al. filed. VIDED. |
| 12/29/2014 | Brief amici curiae of American Public Power Association, et al. filed. VIDED. |
| 02/11/2015 | Brief of respondents PPL EnergyPlus, LLC, et al. in opposition filed. VIDED. |
| 02/24/2015 | Reply of petitioner CPV Maryland, LLC filed. |
| 02/25/2015 | DISTRIBUTED for Conference of March 20, 2015. |
| 03/23/2015 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 09/16/2015 | Brief amicus curiae of United States filed. VIDED. |
| 09/29/2015 | Supplemental brief of petitioner CPV Maryland, LLC filed. |
| 09/30/2015 | DISTRIBUTED for Conference of October 16, 2015. |
| 10/19/2015 | Petition GRANTED The petition for a writ of certiorari in No. 14-614 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. |
| 11/09/2015 | The time to file the joint appendix and petitioners' briefs on the merits is extended to and including December 8, 2015. VIDED |
| 11/09/2015 | The time to file respondents' brief on the merits is extended to and including January 12, 2016. VIDED |
| 11/12/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 11/16/2015 | Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for all respondents. VIDED |
| 12/08/2015 | Joint appendix filed (2 volumes.) (Statement of costs filed.) VIDED. |
| 12/08/2015 | Brief of petitioner CPV Maryland, LLC filed. VIDED. |
| 12/15/2015 | Brief amicus curiae of National Association of Regulatory Utility Commissioners filed. VIDED. |
| 12/15/2015 | Brief amici curiae of The States of Connecticut, et al. filed. VIDED. |
| 12/15/2015 | Brief amici curiae of American Public Power Association, et al. filed. VIDED. |
| 12/15/2015 | Brief amicus curiae of NRG Energy, Inc. filed. VIDED. |
| 12/15/2015 | Brief amicus curiae of Public Utility Law Project of New York, Inc. filed. VIDED. |
| 12/15/2015 | Brief amicus curiae of The American Wind Energy Association filed. VIDED. |
| 12/15/2015 | Brief amici curiae of National Governors Association, et al. filed. VIDED. |
| 12/15/2015 | Brief amici curiae of Public Service Commission of the State of New York, et al. filed. VIDED. |
| 12/15/2015 | Brief amicus curiae of Public Citizen, Inc. filed. VIDED. |
| 12/23/2015 | SET FOR ARGUMENT ON Wednesday, February 24, 2016 |
| 01/12/2016 | Brief of respondents Talen Energy Marketing, LLC, fka PPL EnergyPlus, LLC, et al. filed. VIDED. |
| 01/14/2016 | Joint motion for divided argument filed by petitioners. VIDED. |
| 01/15/2016 | CIRCULATED. |
| 01/19/2016 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED. |
| 01/19/2016 | Brief amicus curiae of United States filed. VIDED. (Distributed) |
| 01/19/2016 | Brief amici curiae of Leading Economists filed. VIDED. (Distributed) |
| 01/19/2016 | Brief amicus curiae of American Electric Power Company, Inc. filed. VIDED. (Distributed) |
| 01/19/2016 | Brief amicus curiae of Allco Renewable Energy Limited filed. VIDED. (Distributed) |
| 01/19/2016 | Brief amici curiae of Electric Power Suppy Association, et al. filed. VIDED. (Distributed) |
| 01/19/2016 | Brief amicus curiae of Monitoring Analytics, LLC, Acting in its Capacity as Independent Market Monitor for PJM filed. VIDED. (Distributed) |
| 01/25/2016 | Joint motion for divided argument filed by petitioners GRANTED. VIDED |
| 01/25/2016 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED |
| 02/04/2016 | Supplemental brief of respondents Talen Energy Marketing, LLC, fka PPL EnergyPlus, LLC, et al. filed. VIDED. (Distributed) |
| 02/11/2016 | Reply of petitioners in 14-614 filed. VIDED. (Distributed). |
| 02/11/2016 | Reply of petitioner CPV Maryland, LLC filed. VIDED. (Distributed) |
| 02/24/2016 | Argued. For petitioners in 14-614: Scott H. Strauss, Washington, D. C. For petitioner in 14-623: Clifton S. Elgarten, Washington, D. C. For respondents: Paul D. Clement, Washington, D. C.; and Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) VIDED |
| 04/19/2016 | Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Sotomayor, J., filed a concurring opinion. Thomas, J., filed an opinion concurring in part and concurring in the judgment. VIDED |
| 05/23/2016 | JUDGMENT ISSUED |