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West Virginia v. Environmental Protection Agency

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-1530 D.C. Cir. TBD TBD TBD TBD TBD

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.

SCOTUSblog Coverage

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.