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Westmoreland Mining Holdings, LLC v. Environmental Protection Agency

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-1778 D.C. Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the Environmental Protection Agency may employ 42 U.S.C. § 7411(d) to impose standards of performance on existing stationary sources that are regulated under the “hazardous air pollutants” program of 42 U.S.C. § 7412; and (2) whether 42 U.S.C. § 7411(d) clearly authorizes the EPA to decide such matters of vast economic and political significance as whether and how to restructure the nation’s energy system.

DateProceedings and Orders (key to color coding)
Jun 18 2021Petition for a writ of certiorari filed. (Response due July 23, 2021)
Jun 25 2021Blanket Consent filed by Petitioner, Westmoreland Mining Holdings LLC
Jul 22 2021Motion to extend the time to file a response from July 23, 2021 to August 5, 2021, submitted to The Clerk.
Jul 22 2021Brief amicus curiae of The Cato Institute filed.
Jul 23 2021Motion to extend the time to file a response is granted and the time is 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 Federal respondents in opposition filed. VIDED.
Aug 05 2021Brief of respondents States and Municipalities in opposition filed. VIDED.
Aug 24 2021Reply of petitioner Westmoreland Mining Holdings LLC filed. (Distributed)
Aug 25 2021DISTRIBUTED for Conference of 9/27/2021.