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Lake v. NextEra Energy Capital Holdings, Inc.

Petition for certiorari denied on December 11, 2023
Docket No. Op. Below Argument Opinion Vote Author Term
22-601 5th Cir. N/A N/A N/A N/A OT 2023

Issue: Whether, consistent with the commerce clause, states may exercise their core police power to regulate public utilities by recognizing a preference for allowing incumbent utility companies to build new transmission lines. CVSG: 10/23/2023

DateProceedings and Orders (key to color coding)
Nov 15 2022Application (22A440) to extend the time to file a petition for a writ of certiorari from November 28, 2022 to December 28, 2022, submitted to Justice Alito.
Nov 18 2022Application (22A440) granted by Justice Alito extending the time to file until December 28, 2022.
Dec 28 2022Petition for a writ of certiorari filed. (Response due January 30, 2023)
Jan 30 2023Brief of respondents NextEra Energy Capital Holdings, Incorporated, et al. in opposition filed. (Docket entry corrected 2/7/22 to show this as a brief in opposition not brief in support)
Jan 30 2023Brief of respondent Southwestern Public Service Company in support filed.
Jan 30 2023Brief amicus curiae of ITC Holdings Corp. filed.
Jan 30 2023Brief of respondent Entergy Texas, Inc. in support filed.
Feb 13 2023Reply of petitioners Chairman Peter Lake, et al. filed. (Distributed)
Feb 15 2023DISTRIBUTED for Conference of 3/3/2023.
Mar 06 2023The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Oct 23 2023Brief amicus curiae of United States filed.
Nov 06 2023Supplemental brief of petitioners Chairman Peter Lake, Public Utility Commission of Texas, in his Official Capacity, et al. filed. (Distributed)
Nov 08 2023DISTRIBUTED for Conference of 12/1/2023.
Dec 01 2023Rescheduled.
Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.
Dec 11 2023Petition DENIED.