Suncor Energy (U.S.A.) Inc. v. Board of County Commissioners of Boulder County

Petition for certiorari denied on April 24, 2023

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
21-1550	10th Cir.	N/A	N/A	N/A	N/A	OT 2022

Issue: (1) Whether federal common law necessarily and exclusively governs claims seeking redress for injuries allegedly caused by the effect of interstate greenhouse-gas emissions on the global climate; and (2) whether a federal district court has jurisdiction under 28 U.S.C. § 1331 over claims necessarily and exclusively governed by federal common law but labeled as arising under state law. CVSG: 3/16/2023

SCOTUSblog Coverage

Justices add two cases on liability of officials who block critics on social media (Amy Howe, April 24, 2023)
Court agrees to hear nine new cases, including challenge to tech companies immunity under Section 230 (Amy Howe, October 3, 2022)
Another gun case waits in the wings (Kalvis Golde, June 26, 2022)

Date	Proceedings and Orders (key to color coding)
04/26/2022	Application (21A662) to extend the time to file a petition for a writ of certiorari from May 9, 2022 to June 8, 2022, submitted to Justice Gorsuch.
04/29/2022	Application (21A662) granted by Justice Gorsuch extending the time to file until June 8, 2022.
05/26/2022	Application (21A662) to extend further the time from June 8, 2022 to July 8, 2022, submitted to Justice Gorsuch.
06/06/2022	Application (21A662) denied by Justice Gorsuch.
06/08/2022	Petition for a writ of certiorari filed. (Response due July 11, 2022)
06/21/2022	Blanket Consent filed by Petitioner, Suncor Energy (U.S.A.) Inc., et al.
06/30/2022	Motion to extend the time to file a response from July 11, 2022 to August 10, 2022, submitted to The Clerk.
07/01/2022	Motion to extend the time to file a response is granted and the time is extended to and including August 10, 2022.
07/07/2022	Brief amici curiae of Atlantic Legal Foundation & DRI Center for Law and Public Policy filed.
07/08/2022	Brief amicus curiae of the National Association of Manufacturers filed.
07/11/2022	Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
07/11/2022	Brief amicus curiae of American Petroleum Institute filed.
07/11/2022	Brief amici curiae of Indiana, et al. filed.
07/11/2022	Brief amicus curiae of Washington Legal Foundation filed.
08/10/2022	Brief of respondents Board of County Commissioners of Boulder County, et al. in opposition filed.
08/24/2022	DISTRIBUTED for Conference of 9/28/2022.
08/24/2022	Reply of petitioners Suncor Energy (U.S.A.) Inc., et al. filed. (Distributed)
10/03/2022	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
03/16/2023	Brief amicus curiae of United States filed.
04/05/2023	DISTRIBUTED for Conference of 4/21/2023.
04/05/2023	Supplemental brief of petitioners Suncor Energy (U.S.A.) Inc., et al. filed. (Distributed)
04/10/2023	Supplemental brief of respondents Board of County Commissioners of Boulder County, et al. filed. (Distributed)
04/24/2023	Petition DENIED. Justice Alito took no part in the consideration or decision of this petition. Justice Kavanaugh would grant the petition for a writ of certiorari.