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North Dakota v. Environmental Protection Agency

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-1780 D.C. Cir. TBD TBD TBD TBD TBD

Issue: Whether the Environmental Protection Agency can promulgate regulations for existing stationary sources that require states to apply binding nationwide “performance standards” at a generation-sector-wide level, instead of at the individual source level, and can those regulations deprive States of all implementation and decision making power in creating their Section 111(d) plans.

DateProceedings and Orders (key to color coding)
Jun 18 2021Petition for a writ of certiorari filed. (Response due July 23, 2021)
Jun 28 2021Blanket Consent filed by Petitioner, State of North Dakota
Jul 15 2021Motion to extend the time to file a response from July 23, 2021 to August 5, 2021, submitted to The Clerk.
Jul 16 2021Motion to extend the time to file a response is granted and the time is extended to and including August 5, 2021, for all respondents.
Jul 22 2021Brief amici curiae of South Texas Electric Cooperative, Inc., et al filed.
Jul 23 2021Motion for leave to file amicus brief filed by Lignite Energy Council.
Aug 05 2021Brief of respondents Consolidated Edison, Inc., Exelon Corporation, National Grid USA, New York Power Authority, Power Companies Climate Coalition, and Sacramento Municipal Utility District in opposition filed. VIDED.
Aug 05 2021Brief of respondents Non-Governmental Organization and Trade Association Respondents in opposition filed. VIDED.
Aug 05 2021Brief of respondents Federal respondents in opposition filed. VIDED.
Aug 05 2021Brief of respondents States and Municipalities in opposition filed. VIDED.
Aug 23 2021Reply of petitioner State of North Dakota filed. (Distributed)
Aug 25 2021DISTRIBUTED for Conference of 9/27/2021.