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

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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

Issues: (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

DateProceedings and Orders (key to color coding)
Apr 26 2022Application (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.
Apr 29 2022Application (21A662) granted by Justice Gorsuch extending the time to file until June 8, 2022.
May 26 2022Application (21A662) to extend further the time from June 8, 2022 to July 8, 2022, submitted to Justice Gorsuch.
Jun 06 2022Application (21A662) denied by Justice Gorsuch.
Jun 08 2022Petition for a writ of certiorari filed. (Response due July 11, 2022)
Jun 21 2022Blanket Consent filed by Petitioner, Suncor Energy (U.S.A.) Inc., et al.
Jun 30 2022Motion to extend the time to file a response from July 11, 2022 to August 10, 2022, submitted to The Clerk.
Jul 01 2022Motion to extend the time to file a response is granted and the time is extended to and including August 10, 2022.
Jul 07 2022Brief amici curiae of Atlantic Legal Foundation & DRI Center for Law and Public Policy filed.
Jul 08 2022Brief amicus curiae of the National Association of Manufacturers filed.
Jul 11 2022Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Jul 11 2022Brief amicus curiae of American Petroleum Institute filed.
Jul 11 2022Brief amici curiae of Indiana, et al. filed.
Jul 11 2022Brief amicus curiae of Washington Legal Foundation filed.
Aug 10 2022Brief of respondents Board of County Commissioners of Boulder County, et al. in opposition filed.
Aug 24 2022DISTRIBUTED for Conference of 9/28/2022.
Aug 24 2022Reply of petitioners Suncor Energy (U.S.A.) Inc., et al. filed. (Distributed)
Oct 03 2022The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Mar 16 2023Brief amicus curiae of United States filed.
Apr 05 2023DISTRIBUTED for Conference of 4/21/2023.
Apr 05 2023Supplemental brief of petitioners Suncor Energy (U.S.A.) Inc., et al. filed. (Distributed)
Apr 10 2023Supplemental brief of respondents Board of County Commissioners of Boulder County, et al. filed. (Distributed)
Apr 24 2023Petition 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.