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Nevada v. Reliant Energy, Inc.

Petition for certiorari denied on June 24, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-980 Nev. N/A N/A N/A N/A OT 2012

Issue: (1) Whether the decision of the Supreme Court of Nevada holding that the Nevada Attorney General’s action for damages under the Nevada state antitrust law is preempted as a matter of law by federal regulation of natural gas markets is in conflict with decisions of the Seventh and Ninth Circuits in Illinois ex rel Burris v. Panhandle Eastern Pipeline Co. and E. & J. Gallo Winery v. EnCana Corp.; and (2) whether it was error for the Nevada Supreme Court to base its “field preemption” conclusion on this Court’s decision in Transcontinental Gas Pipe Line Corp. v. State Oil & Gas Bd. Of Mississippi without regard to subsequent limitations of that decision in Puerto Rico Dept. of Consumer Affairs v. Isla Petroleum Corp. and subsequent changes in the relevant statutory and regulatory framework enacted by Congress and the Federal Energy Regulatory Commission.

DateProceedings and Orders (key to color coding)
Dec 26 2012Petition for a writ of certiorari filed. (Response due March 11, 2013)
Mar 11 2013Waiver of right of respondents Reliant Energy, Inc., et al. to respond filed.
Mar 27 2013DISTRIBUTED for Conference of April 12, 2013.
Apr 1 2013Response Requested . (Due May 1, 2013)
Apr 23 2013Order extending time to file response to petition to and including May 31, 2013.
May 21 2013Order further extending time to file response to petition to and including June 3, 2013.
Jun 3 2013Brief of respondents Reliant Energy, Inc., et al. in opposition filed.
Jun 4 2013DISTRIBUTED for Conference of June 20, 2013.
Jun 13 2013Reply of petitioners Nevada, et al. filed. (Distributed)
Jun 24 2013Petition DENIED.