Editor's Note :

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The Supreme Court will release orders from the March 22 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday and Wednesday.
On Monday the Supreme Court hears oral argument in PDR Network, LLC v. Carlton & Harris Chiropractic Inc.; Christopher Walker has our preview.
On Monday the Supreme Court also hears oral argument in The Dutra Group v. Batterton; Joel Goldstein has our preview.

Electric Power Supply Association v. Star

Pending petition

Linked with:

Docket No. Op. Below Argument Opinion Vote Author Term
18-868 7th Cir. TBD TBD TBD TBD TBD

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)
Jan 07 2019Petition for a writ of certiorari filed. (Response due February 7, 2019)
Jan 18 2019Blanket Consent filed by Respondents, Anthony Star, Director of Ill. Power Agency; Brien Sheahan, et al., Members of the of the Ill. Commerce Comm'n.
Jan 18 2019Blanket Consent filed by Petitioners, Electric Power Supply Association, et al..
Jan 22 2019Motion to extend the time to file a response from February 7, 2019 to March 11, 2019, submitted to The Clerk.
Jan 22 2019Blanket Consent filed by Respondent, Exelon Generation Company, LLC.
Jan 23 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 amici curiae of Industrial Customers filed.
Feb 07 2019Brief amicus curiae of Monitoring Analytics, LLC filed. VIDED.
Feb 15 2019Waiver of right of respondents Village of Old Mill Creek, Ferrite International Company, Got it Maid, Inc., Nafsica Zotos, Robert Dillon, Richard Owens, and Robin Hawkins to respond filed.
Mar 11 2019Brief of respondent Exelon Generation Company, LLC in opposition filed.
Mar 11 2019Brief of respondents Anthony Star, Director of Ill. Power Agency; Brien Sheahan, et al., Members of the of the Ill. Commerce Comm'n in opposition filed.
 
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