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West Virginia v. Environmental Protection Agency
Consolidated with:
- Westmoreland Mining Holdings, LLC v. Environmental Protection Agency
- North American Coal Corp. v. Environmental Protection Agency
- North Dakota v. Environmental Protection Agency
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 20-1530 | D.C. Cir. | Feb 28, 2022 | Jun 30, 2022 | 6-3 | Roberts | OT 2021 |
Holding: Congress did not grant the Environmental Protection Agency in Section 111(d) of the Clean Air Act the authority to devise emissions caps based on the generation shifting approach the agency took in the Clean Power Plan.
Judgment: Reversed and remanded, 6-3, in an opinion by Chief Justice Roberts on June 30, 2022. Justice Gorsuch filed a concurring opinion, in which Justice Alito joined. Justice Kagan filed a dissenting opinion, in which Justices Breyer and Sotomayor joined.
SCOTUSblog Coverage
- Climate change at the Supreme Court (SCOTUStalk, July 1, 2022)
- Supreme Court curtails EPA’s authority to fight climate change (Amy Howe, June 30, 2022)
- Announcement of opinions for Thursday, June 30 (complete) (Angie Gou, June 30, 2022)
- In climate-change case, justices grapple with EPA’s role, congressional intent, and their own jurisdiction (Amy Howe, February 28, 2022)
- Greenhouse gases and “major questions”: Justices to hear argument on EPA’s power to tackle climate change (Amy Howe, February 27, 2022)
- Climate change and immigration policies headline February argument calendar (Amy Howe, December 17, 2021)
- Justices agree to review EPA’s authority to regulate greenhouse gases (Amy Howe, October 29, 2021)
- No new relists, but you should read anyway (John Elwood, October 27, 2021)
- Foreign intelligence surveillance and immigration (John Elwood, October 14, 2021)
- Free exercise, greenhouse-gas regulation, and a slew of other relists from the long conference (John Elwood, October 5, 2021)
- More warrantless searches, more abortion and more Second Amendment (Andrew Hamm, May 21, 2021)
| Date | Proceedings and Orders |
|---|---|
| Apr 29 2021 | Petition for a writ of certiorari filed. (Response due June 3, 2021) |
| May 26 2021 | Blanket Consent filed by Petitioner, State of West Virginia, et al. |
| May 27 2021 | Motion to extend the time to file a response from June 3, 2021 to July 6, 2021, submitted to The Clerk. |
| May 28 2021 | Motion 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 2021 | Brief of respondent National Mining Association in support filed. |
| Jun 02 2021 | Brief of respondent Basin Electric Power Cooperative in support filed. |
| Jun 03 2021 | Brief amicus curiae of Commonwealth of Kentucky filed. |
| Jun 03 2021 | Brief of respondent America's Power in support filed. |
| Jun 25 2021 | Motion to extend the time to file a response from July 6, 2021 to August 5, 2021, submitted to The Clerk. |
| Jun 28 2021 | Motion 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 2021 | Brief 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 2021 | Brief of respondents Non-Governmental Organization and Trade Association Respondents in opposition filed. VIDED. |
| Aug 05 2021 | Brief of respondents U.S. Environmental Protection Agency, et al. in opposition filed. VIDED. |
| Aug 05 2021 | Brief of respondents States and Municipalities in opposition filed. VIDED. |
| Aug 24 2021 | Reply of petitioners State of West Virginia, et al. filed. (Distributed) |
| Aug 25 2021 | DISTRIBUTED for Conference of 9/27/2021. |
| Oct 04 2021 | DISTRIBUTED for Conference of 10/8/2021. |
| Oct 12 2021 | DISTRIBUTED for Conference of 10/15/2021. |
| Oct 25 2021 | DISTRIBUTED for Conference of 10/29/2021. |
| Oct 29 2021 | Petition 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 2021 | Because 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 2021 | Blanket Consent filed by petitioners, State of West Virginia, et al. VIDED. |
| Nov 10 2021 | Blanket Consent filed by petitioner, North American Coal Corporation in No. 20-1531. VIDED. |
| Nov 10 2021 | Blanket Consent filed by petitioner, Westmoreland Minings Holdings LLC in No. 20-1778. VIDED. |
| Nov 24 2021 | Blanket Consent filed by respondent, America's Power in support. VIDED. |
| Nov 24 2021 | Blanket Consent filed by respondent, National Mining Association in support. VIDED. |
| Nov 24 2021 | Blanket Consent filed by respondent, Basin Electric Power Cooperative in support. VIDED. |
| Nov 24 2021 | Motion of Non-Governmental Organization and Trade Association Respondents for an extension of time not accepted for filing. (December 03, 2021) |
| Nov 26 2021 | Motion of respondents for an extension of time filed. VIDED. |
| Nov 29 2021 | Blanket Consent filed by respondent, U.S. Environmental Protection Agency, et al. VIDED. |
| Nov 29 2021 | Blanket Consent filed by petitioner, North Dakota in No. 20-1780. VIDED. |
| Nov 30 2021 | Blanket Consent filed by respondent, Non-Governmental Organization and Trade Association respondents. VIDED. |
| Dec 01 2021 | Motion 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 2021 | Blanket Consent filed by respondents, States and Municipalities in opposition. VIDED. |
| Dec 13 2021 | Joint appendix filed (4 volumes). VIDED. (Statement of costs filed) |
| Dec 13 2021 | Brief of petitioners West Virginia, et al. filed (in 20-1530). |
| Dec 13 2021 | Brief of petitioner The North American Coal Corporation filed. VIDED. |
| Dec 13 2021 | Brief of petitioner Westmoreland Minings Holdings LLC filed. VIDED. |
| Dec 13 2021 | Brief of petitioner The State North Dakota filed. VIDED. |
| Dec 13 2021 | Brief of respondent National Mining Association in support filed. VIDED. |
| Dec 13 2021 | Brief of respondent Basin Electric Power Cooperative in support filed. VIDED. |
| Dec 13 2021 | Brief of respondent America's Power filed. VIDED. |
| Dec 16 2021 | Brief amicus curiae of Landmark Legal Foundation filed. (in 20-1530) |
| Dec 16 2021 | Brief amici curiae of Cato Institute, et al. filed. VIDED. |
| Dec 16 2021 | Brief amici curiae of Lignite Energy Council, et al. filed. VIDED. |
| Dec 17 2021 | ARGUMENT SET FOR Monday, February 28, 2022. VIDED. |
| Dec 17 2021 | Brief amicus curiae of Competitive Enterprise Institute filed. VIDED. |
| Dec 17 2021 | Brief amici curiae of South Texas Electric Cooperative, Inc., et al. filed. VIDED. |
| Dec 20 2021 | Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED. |
| Dec 20 2021 | Brief amici curiae of Scholars of Congressional Accountability in support of neither party filed. VIDED. |
| Dec 20 2021 | Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed. VIDED. |
| Dec 20 2021 | Brief amici curiae of Southeastern Legal Foundation, et al. filed. VIDED. |
| Dec 20 2021 | Brief amicus curiae of Buckeye Institute filed. VIDED. |
| Dec 20 2021 | Brief amicus curiae of New England Legal Foundation filed. VIDED. |
| Dec 20 2021 | Brief amicus curiae of America First Policy Institute filed. VIDED. |
| Dec 20 2021 | Brief amici curiae of Michigan House of Representatives, et al. filed. VIDED. |
| Dec 20 2021 | Brief amici curiae of 91 Members of Congress filed. VIDED. |
| Dec 20 2021 | Brief amici curiae of Kentucky, et al. filed. (in 20-1530) |
| Dec 20 2021 | Brief amici curiae of Doctors for Disaster Preparedness, et al. filed. (in 20-1530) |
| Dec 20 2021 | Brief amicus curiae of New Civil Liberties Alliance (Dec. 30, 2021) filed. |
| Dec 21 2021 | Record requested from the U.S.C.A. District of Columbia Circuit. |
| Dec 23 2021 | The 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 2021 | Amicus brief of New Civil Liberties Alliance not accepted for filing. (Corrected version submitted)(January 05, 2022) |
| Jan 18 2022 | CIRCULATED |
| Jan 18 2022 | Brief of Non-Governmental Organization and Trade Association respondents filed. VIDED. (Distributed) |
| Jan 18 2022 | Brief of State of New York, and Other State and Municipal respondents filed. VIDED. (Distributed) |
| Jan 18 2022 | Brief of Federal respondents filed. VIDED. (Distributed) |
| Jan 18 2022 | Brief of Power Company respondents filed. VIDED. (Distributed) |
| Jan 18 2022 | Motion for enlargement of time for oral argument and for divided argument filed by West Virginia, et al. VIDED. |
| Jan 18 2022 | Motion for enlargement of time for oral argument and for divided argument filed by North Dakota. VIDED. |
| Jan 18 2022 | Motion for enlargement of time for oral argument and for divided argument filed by the Solicitor General. VIDED. |
| Jan 19 2022 | Letter of respondent Commonwealth of Virginia filed (Revised letter of 2/18/22). VIDED. (Distributed) |
| Jan 24 2022 | Motion 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 2022 | Motion 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 2022 | Motion of North Dakota for divided argument and for enlargement of time for oral argument DENIED. VIDED. |
| Jan 24 2022 | Brief amici curiae of Climate Scientists Michael Oppenheimer, et al. filed. VIDED. (Distributed) |
| Jan 24 2022 | Brief amici curiae of U.S. Senators Sheldon Whitehouse, et al. filed (in 20-1530). (Distributed) |
| Jan 24 2022 | Brief amicus curiae of Thomas C. Jorling filed. VIDED. (Distributed) |
| Jan 25 2022 | Brief amici curiae of The National League of Cities and The U.S. Conference of Mayors filed. VIDED. (Distributed) |
| Jan 25 2022 | Brief amici curiae of American Thoracic Society, et al. filed. VIDED. (Distributed) |
| Jan 25 2022 | Brief amici curiae of 192 Members of Congress filed. VIDED. (Distributed) |
| Jan 25 2022 | Brief amicus curiae of Public Citizen filed. VIDED. (Distributed) |
| Jan 25 2022 | Brief amicus curiae of Richard L. Revesz filed. VIDED. (Distributed) |
| Jan 25 2022 | Brief amici curiae of Former Commissioners of the Federal Energy Regulatory Commission filed. VIDED. (Distributed) |
| Jan 25 2022 | Brief amici curiae of The Edison Electric Institute and The National Association of Clean Water Agencies filed. VIDED. (Distributed) |
| Jan 25 2022 | Brief amici curiae of Apple Inc., et al., filed. VIDED. (Distributed) |
| Jan 25 2022 | Brief amicus curiae of Julian Davis Mortenson filed (in 20-1530). (Distributed) |
| Jan 25 2022 | Brief amici curiae of Former Power Industry Executives filed. VIDED. (Distributed) |
| Jan 25 2022 | Brief amici curiae of Grid Experts Benjamin F. Hobbs, et al. filed (in 20-1530). (Distributed) |
| Jan 25 2022 | Brief amicus curiae of National Parks Conservation Association filed. VIDED. (Distributed) |
| Feb 08 2022 | Update to Amended Corporate Disclosure Statements in the Power company respondents brief on the merits filed. VIDED. (Distributed) |
| Feb 16 2022 | Reply of respondent Basin Electric Power Cooperative filed. VIDED. (Distributed) |
| Feb 17 2022 | Reply of petitioner The North American Coal Corporation filed. VIDED. (Distributed) |
| Feb 17 2022 | Reply of petitioner Westmoreland Minings Holdings LLC in No. 20-1778 filed. VIDED. (Distributed) |
| Feb 17 2022 | Reply of petitioner The State North Dakota in No. 20-1780 filed. VIDED. (Distributed) |
| Feb 17 2022 | Reply of petitioners State of West Virginia, et al. filed (in 20-1530). (Distributed) |
| Feb 28 2022 | Argued. For state petitioners: Lindsay S. See, Solicitor General, Charleston, W. Va. For private petitioners: Jacob M. Roth, Washington, D. C. For federal respondents: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For power company respondents: Beth S. Brinkmann, Washington, D. C. VIDED. |
| Jun 30 2022 | Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Alito, J., joined. Kagan, J., filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined. VIDED. |
| Aug 01 2022 | JUDGMENT ISSUED |
