Ohio v. Sierra Club

Petition for certiorari denied on March 28, 2016

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
15-684	6th Cir.	N/A	N/A	N/A	N/A	OT 2015

Issue: (1) Whether the phrase “applicable implementation plan” in 42 U.S.C. § 7407(d)(3)(E)(ii) (a provision of the Clean Air Act) refers to a nonattainment plan and requires a state seeking attainment status to continue implementing all EPA nonattainment-plan mandates; and (2) whether the nonattainment-plan statute’s mandate to use “reasonably available control measures” in section 7502(c)(1) compels states to impose measures unnecessary to meet the relevant air-quality standards.

Date	Proceedings and Orders (key to color coding)
Nov 23 2015	Petition for a writ of certiorari filed. (Response due December 24, 2015)
Dec 11 2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner
Dec 14 2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Ohio Utility Group, and Its Member Companies.
Dec 16 2015	Order extending time to file response to petition to and including January 25, 2016, for all respondents.
Dec 22 2015	Brief amici curiae of Indiana and Nine States filed.
Dec 23 2015	Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Dec 24 2015	Brief of respondents The Ohio Utility Group and Its Members in support filed.
Jan 22 2016	Brief of respondents Environmental Protection Agency, et al. in opposition filed.
Jan 25 2016	Brief of respondent Sierra Club in opposition filed.
Feb 8 2016	Reply of petitioner Ohio filed. (Distributed)
Feb 10 2016	DISTRIBUTED for Conference of February 26, 2016.
Feb 29 2016	DISTRIBUTED for Conference of March 4, 2016.
Mar 14 2016	DISTRIBUTED for Conference of March 18, 2016.
Mar 21 2016	DISTRIBUTED for Conference of March 25, 2016.
Mar 28 2016	Petition DENIED.

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The Supreme Court released orders from the April 18 conference on Monday; the justices agreed to decide Bostock v. Clayton County, Georgia, consolidated with Altitude Express Inc. v. Zarda, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd., and Barton v. Barr. The justices also called for the views of the U.S. solicitor general in Putnam Investments, LLC v. Brotherston.
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On Wednesday, the justices released their opinion in Lamps Plus Inc. v. Varela.
On Monday, the justices heard oral argument in Food Marketing Institute v. Argus Leader Media and Fort Bend County, Texas v. Davis.
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On Wednesday, the justices heard oral argument in Quarles v. United States and Taggart v. Lorenzen.
On Friday, the justices meet for their April 26 conference; John Elwood compiles the petitions relisted for this conference.
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- Department of Commerce v. New York
  (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.
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  (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
  (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.
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Current Relists
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
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Ohio v. Sierra Club

Featured Posts

Justices allow Texas execution to go forward – Amy Howe

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