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Virginia v. Environmental Protection Agency

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Petition for certiorari denied on October 15, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-1152 D.C. Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether Virginia and other petitioners below demonstrated that there was evidence of central relevance to the EPA’s Endangerment Finding not available during the comment period such that the Administrator was obligated to convene a proceeding for reconsideration with procedural rights of notice and comment; (2) whether the EPA correctly applied the standard for demonstrating central relevance; (3) whether the EPA erred when it found the objections material enough to require resort to extensive new evidence outside of the record while denying the rights of notice and comment on that evidence; and (4) whether the EPA erred initially and on Petition for Reconsideration by delegating its Statutory Authority to outside entities.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 20 2013Petition for a writ of certiorari filed. (Response due April 22, 2013)
Apr 11 2013Order extending time to file response to petition to and including May 22, 2013, for all respondents.
May 8 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Texas, and eight other states.
May 13 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners Southeastern Legal Foundation, Inc., et al.
May 14 2013Consent to the filing of amicius curiae briefs, in support of either party or of neither party, received from counsel for the Federal Respondent.
May 14 2013Letter of respondent National Environmental Development Association's Clean Air Project in support of the petition received.
May 15 2013Order further extending time to file response to petition to and including June 21, 2013, for all respondents.
May 17 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the State of Indiana.
Jun 6 2013Order further extending time to file response to petition to and including July 22, 2013, for all respondents. .
Jun 7 2013Application (12A1181) to file consolidated brief in opposition in excess of word limits, submitted to The Chief Justice.
Jun 7 2013Application (12A1181) to file consolidated brief in opposition in excess of word limits granted by The Chief Justice. The consolidated brief in opposition may not exceed 12,000 words.
Jul 1 2013Application (13A35) to file consolidated brief in opposition in excess of word limits, submitted to The Chief Justice.
Jul 8 2013Application (13A35) to file consolidated brief in opposition in excess of word limits granted by The Chief Justice. The consolidated brief in opposition may not exceed 11,000 words.
Jul 22 2013Brief of respondents Environmental Protection Agency in opposition filed. VIDED.
Jul 22 2013Brief of Environmental Organization respondents in opposition filed. VIDED.
Jul 22 2013Brief of respondents New York, et al. in opposition filed. VIDED.
Aug 5 2013Reply of petitioners Virginia, et al. filed.
Aug 7 2013DISTRIBUTED for Conference of September 30, 2013.
Oct 7 2013DISTRIBUTED for Conference of October 11, 2013.
Oct 15 2013Petition DENIED.