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Hughes v. Talen Energy Marketing

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Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
14-614 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

DateProceedings and Orders (key to color coding)
Sep 12 2014Application (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 2014Application (14A282) granted by The Chief Justice extending the time to file until November 27, 2014.
Nov 25 2014Petition for a writ of certiorari filed. (Response due December 29, 2014)
Dec 11 2014Consent 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 2014Consent 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 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Dec 22 2014Order extending time to file response to petition to and including February 11, 2015.
Dec 24 2014Brief amicus curiae of National Association of Regulatory Utility Commissioners filed. VIDED.
Dec 26 2014Brief amici curiae of The States of Connecticut, et al. filed. VIDED.
Dec 29 2014Brief amici curiae of American Public Power Association, et al. filed. VIDED.
Feb 11 2015Brief of respondents PPL EnergyPlus, LLC, et al. in opposition filed. VIDED.
Feb 25 2015DISTRIBUTED for Conference of March 20, 2015.
Feb 25 2015Reply of petitioners Douglas R. M. Nazarian, et al. filed. (Distributed)
Mar 23 2015The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Sep 16 2015Brief amicus curiae of United States filed. VIDED.
Sep 30 2015DISTRIBUTED for Conference of October 16, 2015.
Sep 30 2015Supplemental brief of petitioners Douglas R. M. Nazarian, et al. filed. (Distributed)
Oct 19 2015Petition 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 2015The time to file the joint appendix and petitioners' briefs on the merits is extended to and including December 8, 2015. VIDED
Nov 9 2015The time to file respondents' brief on the merits is extended to and including January 12, 2016. VIDED
Nov 16 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party received from counsel for petitioners.
Nov 16 2015Consent 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 2015Brief of petitioners W. Kevin Hughes, Chairman, Maryland Public Service Commission, et al. filed.
Dec 8 2015Brief of petitioner CPV Maryland, LLC filed. VIDED.
Dec 8 2015Joint appendix filed (2 Volumes). (Statement of costs filed.) VIDED.
Dec 15 2015Brief amicus curiae of National Association of Regulatory Utility Commissioners filed. VIDED.
Dec 15 2015Brief amici curiae of The States of Connecticut, et al. filed. VIDED.
Dec 15 2015Brief amici curiae of American Public Power Association, et al. filed. VIDED.
Dec 15 2015Brief amicus curiae of NRG Energy, Inc. filed. VIDED.
Dec 15 2015Brief amicus curiae of Public Utility Law Project of New York, Inc. filed. VIDED.
Dec 15 2015Brief amicus curiae of American Wind Energy Association filed. VIDED.
Dec 15 2015Brief amici curiae of National Governors Association, et al. filed. VIDED.
Dec 15 2015Brief amici curiae of Public Service Commission of the State of New York, et al. filed. VIDED.
Dec 15 2015Brief amicus curiae of Public Citizen, Inc. filed. VIDED.
Dec 23 2015SET FOR ARGUMENT ON Wednesday, February 24, 2016
Jan 5 2016Record requested from the U.S.C.A. 4th Circuit.
Jan 5 2016Record 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 2016Record received from the U.S.D.C. District of Maryland. (1 SEALED Envelope)
Jan 12 2016Brief of respondents Talen Energy Marketing, LLC, fka PPL EnergyPlus, LLC, et al. filed. VIDED.
Jan 14 2016Joint motion for divided argument filed by petitioners. VIDED.
Jan 15 2016CIRCULATED.
Jan 19 2016Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Jan 19 2016Brief amicus curiae of United States filed. VIDED. (Distributed)
Jan 19 2016Brief amici curiae of Leading Economists filed. VIDED. (Distributed)
Jan 19 2016Brief amicus curiae of American Electric Power Company, Inc. filed. VIDED. (Distributed)
Jan 19 2016Brief amicus curiae of Allco Renewable Energy Limited filed. VIDED. (Distributed)
Jan 19 2016Brief amici curiae of Electric Power Supply Association, et al. filed. VIDED. (Distributed)
Jan 19 2016Brief amicus curiae of Monitoring Analytics, LLC, Acting in its Capacity as the Independent Market Monitor for PJM filed. VIDED. (Distributed)
Jan 25 2016Joint motion for divided argument filed by petitioners GRANTED. VIDED
Jan 25 2016Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED
Feb 4 2016Supplemental brief of respondents Talen Energy Marketing, LLC, fka PPL EnergyPlus, LLC, et al. filed. VIDED. (Distributed)
Feb 11 2016Reply of petitioner W. Kevin Hughes, Chairman, Maryland Public Service Commission, et al. filed. (Distributed) VIDED.
Feb 11 2016Reply of petitioner in 14-623 filed. VIDED. (Distributed)
Feb 24 2016Argued. 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 2016Adjudged 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 2016JUDGMENT ISSUED
Jul 26 2016Records from U.S.D.C. Dist. of Maryland has been returned.