Hughes v. Talen Energy Marketing

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Hughes v. Talen Energy Marketing

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CPV Maryland, LLC v. Talen Energy Marketing

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-614	4th Cir.	Feb 24, 2016 Tr.Aud.	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.

Opinion analysis: U.S. energy regulators' authority grows (Lyle Denniston)
Argument analysis: Will the new FERC case turn out to be easy? (Lyle Denniston)
Argument preview: FERC v. the states -- Round 2 (Lyle Denniston)
Court takes on new energy pricing dispute (Lyle Denniston)

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 25 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 25 2015	DISTRIBUTED for Conference of March 20, 2015.
Feb 25 2015	Reply of petitioners Douglas R. M. Nazarian, et al. filed. (Distributed)
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 30 2015	DISTRIBUTED for Conference of October 16, 2015.
Sep 30 2015	Supplemental brief of petitioners Douglas R. M. Nazarian, et al. filed. (Distributed)
Oct 19 2015	Petition GRANTED The petition for a writ of certiorari in No. 14-623 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 16 2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party received from counsel for petitioners.
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	Brief of petitioners W. Kevin Hughes, Chairman, Maryland Public Service Commission, et al. filed.
Dec 8 2015	Brief of petitioner CPV Maryland, LLC filed. VIDED.
Dec 8 2015	Joint appendix filed (2 Volumes). (Statement of costs 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 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 5 2016	Record requested from the U.S.C.A. 4th Circuit.
Jan 5 2016	Record received from the U.S.D.C. District of Maryland is Electronic and located on PACER. Some of the documents are SEALED and electronic.
Jan 12 2016	Record received from the U.S.D.C. District of Maryland. (1 SEALED Envelope)
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 Supply Association, et al. filed. VIDED. (Distributed)
Jan 19 2016	Brief amicus curiae of Monitoring Analytics, LLC, Acting in its Capacity as the 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 petitioner W. Kevin Hughes, Chairman, Maryland Public Service Commission, et al. filed. (Distributed) VIDED.
Feb 11 2016	Reply of petitioner in 14-623 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
Jul 26 2016	Records from U.S.D.C. Dist. of Maryland has been returned.

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The Supreme Court released orders from the June 13 conference on Monday; the justices granted, vacated and remanded Klein v. Oregon Bureau of Labor and Industries.
Also on Monday, the justices released their opinions in four argued cases: Manhattan Community Access Corp. v. Halleck, Virginia Uranium Inc. v. Warren, Gamble v. United States and Virginia House of Delegates v. Bethune-Hill.
On Thursday, the justices released their opinions in four argued cases: Gundy v. United States, McDonough v. Smith, The American Legion v. American Humanist Association and PDR Network, LLC v. Carlton & Harris Chiropractic Inc.
Also on Thursday, the justices met for their June 20 conference; John Elwood's "Relist Watch" compiles the petitions that were relisted for this conference.
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  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States
  The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
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Recent Decisions
- Gundy v. United States TThe judgment of the U.S. Court of Appeals for the 2nd Circuit that 34 U. S. C. §20913(d) – which requires the U.S. attorney general to apply the Sex Offender Registration and Notification Act’s registration requirements as soon as feasible to offenders convicted before the statute’s enactment – is not an unconstitutional delegation of legislative authority is affirmed.
- McDonough v. Smith The statute of limitations for Edward McDonough’s 42 U. S. C. §1983 fabricated-evidence claim against his prosecutor began to run when the criminal proceedings against him terminated in his favor – that is, when he was acquitted at the end of his second trial.
- PDR Network, LLC v. Carlton & Harris Chiropractic Inc. The extent to which a 2006 Federal Communications Commission order interpreting the term “unsolicited advertisement” binds lower courts may depend on the resolution of two preliminary questions that the U.S. Court of Appeals for the 4th Circuit should address in the first instance: (1) whether the order is the equivalent of a legislative rule, which has the force and effect of law, or an interpretative rule, which does not; and (2) whether PDR Network, LLC had a “prior” and “adequate” opportunity to seek judicial review of the order.
- The American Legion v. American Humanist Association The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
- Manhattan Community Access Corp. v. Halleck Manhattan Community Access Corp., a private nonprofit corporation designated by New York City to operate the public access channels on the Manhattan cable system owned by Time Warner (now Charter), is not a state actor subject to the First Amendment.
- Virginia House of Delegates v. Bethune-Hill The House of Delegates lacks standing to appeal the invalidation of Virginia’s redistricting plan.
- Virginia Uranium, Inc. v. Warren The U.S. Court of Appeals for the 4th Circuit’s judgment that the Atomic Energy Act does not preempt Virginia’s prohibition on uranium mining in the commonwealth is affirmed.
see all this term’s cases »
Current Relists
- Atlanta Gas Light Co. v. Bennett Regulator Guards Inc. (1) Whether the U.S. Court of Appeals for the Federal Circuit erred in concluding that it had jurisdiction to review the Patent Trial and Appeal Board’s decision to institute inter partes review of respondent’s patent over respondent’s objection that it was time-barred; and (2) whether the U.S. Court of Appeals for the Federal Circuit erred when it rejected the longstanding principle that a dismissal without prejudice leaves the parties as if a suit had never been brought, splitting the circuits.
- Banister v. Davis (1) Whether Gonzalez v. Crosby extends to post-judgment motions filed under Federal Rule of Civil Procedure 59(e); (2) whether, if Gonzalez does apply, a timely filed Rule 59(e) motion should toll the time to file a notice of appeal under Federal Rule of Appellate Procedure 4(a)(4)(A)(iv); and (3) whether a pro se petitioner must be warned and given an opportunity to withdraw a post-judgment motion which has be recharacterized as a successive habeas petition if that recharacterization will effect his ability to file a timely notice of appeal.
- Department of Homeland Security v. Regents of the University of California (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
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