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On Tuesday the Supreme Court hears oral argument in two partisan-gerrymandering cases, Rucho v. Common Cause and Lamone v. Benisek; Amy Howe has our preview.

Electric Power Supply Association v. Rhodes

Pending petition

Linked with:

Docket No. Op. Below Argument Opinion Vote Author Term
18-879 2d Cir. TBD TBD TBD TBD TBD

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the petitioners in this case.

Issue: Whether the Federal Power Act pre-empts only state subsidies that explicitly require a wholesale generator to sell its output in auctions approved by the Federal Energy Regulatory Commission, or whether the Federal Power Act also pre-empts state subsidies that lack such an express requirement but that, by design, subsidize only generators that sell their entire output via such auctions, thereby achieving the same effect.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 14 2018Application (18A635) to extend the time to file a petition for a writ of certiorari from December 26, 2018 to January 7, 2019, submitted to Justice Ginsburg.
Dec 18 2018Application (18A635) granted by Justice Ginsburg extending the time to file until January 7, 2019.
Jan 07 2019Petition for a writ of certiorari filed. (Response due February 8, 2019)
Jan 15 2019Motion to extend the time to file a response from February 8, 2019 to March 11, 2019, submitted to The Clerk.
Jan 17 2019Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2019.
Jan 18 2019Blanket Consent filed by Petitioners, Electric Power Supply Association, et al..
Jan 22 2019Blanket Consent filed by Respondents, Exelon Corporation, et al..
Jan 22 2019Blanket Consent filed by Respondents, John B. Rhodes, et al.
Jan 25 2019Motion to extend the time to file a response from February 8, 2019 to March 11, 2019, submitted to The Clerk.
Jan 25 2019Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2019, for all respondents.
Feb 07 2019Brief amici curiae of Energy Economists filed. VIDED.
Feb 07 2019Brief amicus curiae of Monitoring Analytics, LLC filed. VIDED.
Feb 08 2019Brief amici curiae of American Petroleum Institute, et al. filed.
Feb 08 2019Brief amici curiae of Industrial Customers filed.
Mar 11 2019Brief of respondents Exelon Corporation, R.E. Ginna Nuclear Power Plant LLC, Constellation Energy Nuclear Group, LLC and Nine Mile Point Nuclear Station, LLC in opposition filed.
Mar 11 2019Brief of New York State Respondents in opposition filed.
 
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