Hughes v. Talen Energy Marketing

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Hughes v. Talen Energy Marketing

Argument preview: Justices to consider constitutionality of cross-shaped war memorial on public land – Amy Howe

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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.

Featured Posts

Argument preview: Justices to consider constitutionality of cross-shaped war memorial on public land – Amy Howe

Argument preview: Justices address circuit split on whether a period of pretrial imprisonment can toll a term of federal supervised release – Fiona Doherty

Relist Watch – John Elwood
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The Supreme Court released orders from the February 15 conference on Tuesday; the justices added County of Maui, Hawaii v. Hawaii Wildlife Fund to next term's merits docket and summarily reversed in Moore v. Texas.
On Wednesday the justices released their opinions in Dawson v. Steager and Timbs v. Indiana.
On Tuesday, the justices heard oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices heard oral argument in Mission Product Holdings Inc. v. Tempnology, LLC.
On Friday, the justices met for their February 22 conference; John Elwood's Relist Watch compiles the petitions that were relisted for this conference.
Major Cases
- 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.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Dawson v. Steager By taxing the federal pension benefits of U.S. Marshals Service retiree James Dawson, while exempting from taxation the pension benefits of certain state and local law enforcement officers, West Virginia unlawfully discriminates against Dawson as 4 U.S.C. §111 forbids.
- Timbs v. Indiana The Eighth Amendment’s excessive fines clause is an incorporated protection applicable to the states under the 14th Amendment’s due process clause.
- Moore v. Texas The Texas Court of Criminal Appeals’ redetermination that Bobby James Moore does not have an intellectual disability and is thus eligible for the death penalty is inconsistent with the Supreme Court's 2017 decision in Moore v. Texas.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Baxter v. United States (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
More Petitions »
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Summary reversals 3

Merits cases granted to date 74

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Cases argued	45
Cases decided	13
Summary reversals	3
Merits cases granted to date	74

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19
Orders
RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

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MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

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UNITED STATES V. HAYMOND (17-1672)
MONT V. UNITED STATES (17-8995)
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THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)
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