CPV Maryland, LLC v. Talen Energy Marketing

Consolidated with:

Hughes v. Talen Energy Marketing

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 (key to color coding)
Sep 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.
Sep 15 2014	Application (14A282) granted by The Chief Justice extending the time to file until November 27, 2014.
Nov 26 2014	Petition for a writ of certiorari filed. (Response due December 29, 2014)
Dec 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.
Dec 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
Dec 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.
Dec 22 2014	Order extending time to file response to petition to and including February 11, 2015.
Dec 24 2014	Brief amicus curiae of National Association of Regulatory Utility Commissioners filed. VIDED.
Dec 26 2014	Brief amici curiae of The States of Connecticut, et al. filed. VIDED.
Dec 29 2014	Brief amici curiae of American Public Power Association, et al. filed. VIDED.
Feb 11 2015	Brief of respondents PPL EnergyPlus, LLC, et al. in opposition filed. VIDED.
Feb 24 2015	Reply of petitioner CPV Maryland, LLC filed.
Feb 25 2015	DISTRIBUTED for Conference of March 20, 2015.
Mar 23 2015	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Sep 16 2015	Brief amicus curiae of United States filed. VIDED.
Sep 29 2015	Supplemental brief of petitioner CPV Maryland, LLC filed.
Sep 30 2015	DISTRIBUTED for Conference of October 16, 2015.
Oct 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.
Nov 9 2015	The time to file the joint appendix and petitioners' briefs on the merits is extended to and including December 8, 2015. VIDED
Nov 9 2015	The time to file respondents' brief on the merits is extended to and including January 12, 2016. VIDED
Nov 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.
Nov 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
Dec 8 2015	Joint appendix filed (2 volumes.) (Statement of costs filed.) VIDED.
Dec 8 2015	Brief of petitioner CPV Maryland, LLC filed. VIDED.
Dec 15 2015	Brief amicus curiae of National Association of Regulatory Utility Commissioners filed. VIDED.
Dec 15 2015	Brief amici curiae of The States of Connecticut, et al. filed. VIDED.
Dec 15 2015	Brief amici curiae of American Public Power Association, et al. filed. VIDED.
Dec 15 2015	Brief amicus curiae of NRG Energy, Inc. filed. VIDED.
Dec 15 2015	Brief amicus curiae of Public Utility Law Project of New York, Inc. filed. VIDED.
Dec 15 2015	Brief amicus curiae of The American Wind Energy Association filed. VIDED.
Dec 15 2015	Brief amici curiae of National Governors Association, et al. filed. VIDED.
Dec 15 2015	Brief amici curiae of Public Service Commission of the State of New York, et al. filed. VIDED.
Dec 15 2015	Brief amicus curiae of Public Citizen, Inc. filed. VIDED.
Dec 23 2015	SET FOR ARGUMENT ON Wednesday, February 24, 2016
Jan 12 2016	Brief of respondents Talen Energy Marketing, LLC, fka PPL EnergyPlus, LLC, et al. filed. VIDED.
Jan 14 2016	Joint motion for divided argument filed by petitioners. VIDED.
Jan 15 2016	CIRCULATED.
Jan 19 2016	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Jan 19 2016	Brief amicus curiae of United States filed. VIDED. (Distributed)
Jan 19 2016	Brief amici curiae of Leading Economists filed. VIDED. (Distributed)
Jan 19 2016	Brief amicus curiae of American Electric Power Company, Inc. filed. VIDED. (Distributed)
Jan 19 2016	Brief amicus curiae of Allco Renewable Energy Limited filed. VIDED. (Distributed)
Jan 19 2016	Brief amici curiae of Electric Power Suppy Association, et al. filed. VIDED. (Distributed)
Jan 19 2016	Brief amicus curiae of Monitoring Analytics, LLC, Acting in its Capacity as Independent Market Monitor for PJM filed. VIDED. (Distributed)
Jan 25 2016	Joint motion for divided argument filed by petitioners GRANTED. VIDED
Jan 25 2016	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED
Feb 4 2016	Supplemental brief of respondents Talen Energy Marketing, LLC, fka PPL EnergyPlus, LLC, et al. filed. VIDED. (Distributed)
Feb 11 2016	Reply of petitioners in 14-614 filed. VIDED. (Distributed).
Feb 11 2016	Reply of petitioner CPV Maryland, LLC filed. VIDED. (Distributed)
Feb 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
Apr 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
May 23 2016	JUDGMENT ISSUED

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