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West Virginia v. Environmental Protection Agency

Consolidated with:

Linked with:

Docket No. Op. Below Argument Opinion Vote Author Term
20-1530 D.C. Cir. Feb 28, 2022
TBD TBD TBD OT 2021

Issue: Whether, in 42 U.S.C. § 7411(d), an ancillary provision of the Clean Air Act, Congress constitutionally authorized the Environmental Protection Agency to issue significant rules — including those capable of reshaping the nation’s electricity grids and unilaterally decarbonizing virtually any sector of the economy — without any limits on what the agency can require so long as it considers cost, nonair impacts and energy requirements.

DateProceedings and Orders (key to color coding)
Apr 29 2021Petition for a writ of certiorari filed. (Response due June 3, 2021)
May 26 2021Blanket Consent filed by Petitioner, State of West Virginia, et al.
May 27 2021Motion to extend the time to file a response from June 3, 2021 to July 6, 2021, submitted to The Clerk.
May 28 2021Motion to extend the time to file a response is granted and the time is extended to and including July 6, 2021, for all respondents.
May 28 2021Brief of respondent National Mining Association in support filed.
Jun 02 2021Brief of respondent Basin Electric Power Cooperative in support filed.
Jun 03 2021Brief amicus curiae of Commonwealth of Kentucky filed.
Jun 03 2021Brief of respondent America's Power in support filed.
Jun 25 2021Motion to extend the time to file a response from July 6, 2021 to August 5, 2021, submitted to The Clerk.
Jun 28 2021Motion to extend the time to file a response is granted and the time is further extended to and including August 5, 2021, for all respondents.
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 U.S. Environmental Protection Agency, et al. in opposition filed. VIDED.
Aug 05 2021Brief of respondents States and Municipalities in opposition filed. VIDED.
Aug 24 2021Reply of petitioners State of West Virginia, et al. filed. (Distributed)
Aug 25 2021DISTRIBUTED for Conference of 9/27/2021.
Oct 04 2021DISTRIBUTED for Conference of 10/8/2021.
Oct 12 2021DISTRIBUTED for Conference of 10/15/2021.
Oct 25 2021DISTRIBUTED for Conference of 10/29/2021.
Oct 29 2021Petition GRANTED. The petitions for writs of certiorari in No. 20-1531 and No. 20-1780 are granted. The petition for a writ of certiorari in No. 20-1778 is granted limited to Question 2 presented by the petition. The cases are consolidated, and a total of one hour is allotted for oral argument. The motion of Lignite Energy Council for leave to file a brief as amicus curiae is granted. VIDED.
Nov 04 2021Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 20-1530. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-1530. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Nov 10 2021Blanket Consent filed by petitioners, State of West Virginia, et al. VIDED.
Nov 10 2021Blanket Consent filed by petitioner, North American Coal Corporation in No. 20-1531. VIDED.
Nov 10 2021Blanket Consent filed by petitioner, Westmoreland Minings Holdings LLC in No. 20-1778. VIDED.
Nov 24 2021Blanket Consent filed by respondent, America's Power in support. VIDED.
Nov 24 2021Blanket Consent filed by respondent, National Mining Association in support. VIDED.
Nov 24 2021Blanket Consent filed by respondent, Basin Electric Power Cooperative in support. VIDED.
Nov 24 2021Motion of Non-Governmental Organization and Trade Association Respondents for an extension of time not accepted for filing. (December 03, 2021)
Nov 26 2021Motion of respondents for an extension of time filed. VIDED.
Nov 29 2021Blanket Consent filed by respondent, U.S. Environmental Protection Agency, et al. VIDED.
Nov 29 2021Blanket Consent filed by petitioner, North Dakota in No. 20-1780. VIDED.
Nov 30 2021Blanket Consent filed by respondent, Non-Governmental Organization and Trade Association respondents. VIDED.
Dec 01 2021Motion to extend the time to file the response briefs on the merits is granted and the time is extended to and including January 18, 2022. VIDED.
Dec 06 2021Blanket Consent filed by respondents, States and Municipalities in opposition. VIDED.
Dec 13 2021Joint appendix filed (4 volumes). VIDED. (Statement of costs filed)
Dec 13 2021Brief of petitioners West Virginia, et al. filed.
Dec 13 2021Brief of petitioner The North American Coal Corporation filed. VIDED.
Dec 13 2021Brief of petitioner Westmoreland Minings Holdings LLC in No. 20-1778 filed. VIDED.
Dec 13 2021Brief of petitioner The State North Dakota filed. VIDED.
Dec 13 2021Brief of respondent National Mining Association in support filed. VIDED.
Dec 13 2021Brief of respondent Basin Electric Power Cooperative in support filed. VIDED.
Dec 13 2021Brief of respondent America's Power in support filed. VIDED.
Dec 16 2021Brief amicus curiae of Landmark Legal Foundation filed. (in 20-1530)
Dec 16 2021Brief amici curiae of Cato Institute, et al. filed. VIDED.
Dec 16 2021Brief amici curiae of Lignite Energy Council, et al. filed. VIDED.
Dec 17 2021ARGUMENT SET FOR Monday, February 28, 2022. VIDED.
Dec 17 2021Brief amicus curiae of Competitive Enterprise Institute filed. VIDED.
Dec 17 2021Brief amici curiae of South Texas Electric Cooperative, Inc., et al. filed. VIDED.
Dec 20 2021Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED.
Dec 20 2021Brief amici curiae of Scholars of Congressional Accountability in support of neither party filed. VIDED.
Dec 20 2021Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed. VIDED.
Dec 20 2021Brief amici curiae of Southeastern Legal Foundation, et al. filed. VIDED.
Dec 20 2021Brief amicus curiae of Buckeye Institute filed. VIDED.
Dec 20 2021Brief amicus curiae of New England Legal Foundation filed. VIDED.
Dec 20 2021Brief amicus curiae of America First Policy Institute filed. VIDED.
Dec 20 2021Brief amici curiae of Michigan House of Representatives, et al. filed. VIDED.
Dec 20 2021Brief amici curiae of 91 Members of Congress filed. VIDED.
Dec 20 2021Brief amici curiae of Kentucky, et al. filed. (in 20-1530)
Dec 20 2021Brief amici curiae of Doctors for Disaster Preparedness, et al. filed. (in 20-1530)
Dec 20 2021Brief amicus curiae of New Civil Liberties Alliance (Dec. 30, 2021) filed.
Dec 21 2021Record requested from the U.S.C.A. District of Columbia Circuit.
Dec 23 2021The record from the U.S.C.A. District of Columbia Circuit is electronic and located on Pacer. The oral argument transcript has been electronically filed.
Dec 30 2021Amicus brief of New Civil Liberties Alliance not accepted for filing. (Corrected version submitted)(January 05, 2022)
Jan 18 2022CIRCULATED
Jan 18 2022Brief of Non-Governmental Organization and Trade Association respondents filed. VIDED. (Distributed)
Jan 18 2022Brief of State of New York, and Other State and Municipal respondents filed. VIDED. (Distributed)
Jan 18 2022Brief of Federal respondents filed. VIDED. (Distributed)
Jan 18 2022Brief of Power Company respondents filed. VIDED. (Distributed)
Jan 18 2022Motion for enlargement of time for oral argument and for divided argument filed by West Virginia, et al. VIDED.
Jan 18 2022Motion for enlargement of time for oral argument and for divided argument filed by North Dakota. VIDED.
Jan 18 2022Motion for enlargement of time for oral argument and for divided argument filed by the Solicitor General. VIDED.
Jan 19 2022Letter of respondent Virginia notifying the Court of the Commonwealth's change in position of Commonwealth of Virginia submitted.
Jan 24 2022Motion of West Virginia, et al. for divided argument and for enlargement of time for oral argument granted in part, and the time is allotted as follows: 20 minutes for the state petitioners, 15 minutes for the private petitioners, 20 minutes for the federal respondents, and 15 minutes for the power company respondents. VIDED.
Jan 24 2022Motion of the Solicitor General for divided argument and for enlargement of time for oral argument granted in part, and the time is allotted as follows: 20 minutes for the state petitioners, 15 minutes for the private petitioners, 20 minutes for the federal respondents, and 15 minutes for the power company respondents. VIDED.
Jan 24 2022Motion of North Dakota for divided argument and for enlargement of time for oral argument DENIED. VIDED.
Jan 24 2022Brief amici curiae of Climate Scientists Michael Oppenheimer, et al. filed. VIDED (Distributed)
Jan 24 2022Brief amici curiae of U.S. Senators Sheldon Whitehouse, et al. filed.( in 20-1530) (Distributed)
Jan 24 2022Amicus brief of Thomas C. Jorling submitted.
Jan 25 2022Amicus brief of Former Commissioners of the Federal Energy Regulatory Commission submitted.
Jan 25 2022Amicus brief of Former Power Industry Executives submitted.
Jan 25 2022Amicus brief of The Edison Electric Institute and The National Association of Clean Water Agencies submitted.
Jan 25 2022Amicus brief of Julian Davis Mortenson submitted.
Jan 25 2022Amicus brief of Apple Inc., et al., submitted.
Jan 25 2022Amicus brief of Grid Experts Benjamin F. Hobbs, Brendan Kirby, Kenneth J. Lutz, and James D. McCalley submitted.
Jan 25 2022Amicus brief of Richard L. Revesz submitted.
Jan 25 2022Amicus brief of 192 Members of Congress submitted.
Jan 25 2022Amicus brief of National Parks Conservation Association submitted.
Jan 25 2022Amicus brief of Public Citizen submitted.
Jan 25 2022Amicus brief of Public Health Organizations & Public Health School Leaders submitted.
Jan 25 2022Amicus brief of The National League of Cities and The U.S, Conference of Mayors. submitted.