National Mining Association v. Environmental Protection Agency
Linked with:
- Michigan v. Environmental Protection Agency
- Utility Air Regulatory Group v. Environmental Protection Agency
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-49 | D.C. Cir. | Mar 25, 2015 | Jun 29, 2015 | 5-4 | Scalia | OT 2014 |
Holding: The Environmental Protection Agency interpreted 42 U.S.C. §7412(n)(1)(A) of the Clean Air Act, which requires the agency to regulate power plants when "appropriate and necessary," unreasonably when it refused to consider cost when making that decision.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Scalia on June 29, 2015. Justice Thomas filed a concurring opinion. Justice Kagan filed a dissenting opinion, in which Justices Ginsburg, Breyer and Sotomayor joined.
SCOTUSblog Coverage
- Opinion analysis: Power plants stymie smokestack controls (Lyle Denniston, June 29, 2015)
- Argument analysis: EPA may be a vote short -- or not (Lyle Denniston, March 25, 2015)
- Argument preview: EPA, on the defensive again (Lyle Denniston, March 24, 2015)
- Court to rule on disability rights, mercury pollution (Lyle Denniston, November 25, 2014)
| Date | Proceedings and Orders |
|---|---|
| 07/14/2014 | Petition for a writ of certiorari filed. (Response due August 15, 2014) |
| 07/14/2014 | Appendices of National Mining Association (3-volumes II - IV) filed. |
| 07/30/2014 | Waiver of right of respondent White Stallion Energy Center, LLC to respond filed. |
| 08/06/2014 | Order extending time to file response to petition to and including September 15, 2014, for all respondents. |
| 08/07/2014 | Waiver of right of respondent ARIPPA to respond filed. |
| 08/08/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Calpine Corporation, Exelon Corporation, National Grid Generation LLC, and Public Service Enterprise Group, Inc. VIDED. |
| 08/08/2014 | Waiver of right of respondent Missouri to respond filed. |
| 08/12/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, receivewd from counsel for the petitioner. |
| 08/13/2014 | Waiver of right of respondent Oak Grove Management Company, LLC to respond filed. |
| 08/15/2014 | Motion for leave to file amicus brief filed by Chamber of Commerce of the United States. VIDED. |
| 09/02/2014 | Order further extending time to file response to petition to and including October 15, 2014, for all respondents. |
| 10/15/2014 | Brief of Federal Respondents in opposition filed. VIDED. |
| 10/15/2014 | Brief of respondents Calpine Corporation, Exelon Corporation, National Grid Generation LLC, and Public Service Enterpriase Group, Inc. in opposition filed. VIDED. |
| 10/15/2014 | Brief of respondents American Association of Pediatricians, et al. in opposition filed. VIDED. |
| 10/15/2014 | Brief of Respondent States and Local Governments in opposition filed. VIDED. |
| 10/29/2014 | DISTRIBUTED for Conference of November 14, 2014. |
| 10/29/2014 | Reply of petitioner National Mining Association filed. (Distributed) |
| 11/17/2014 | DISTRIBUTED for Conference of November 25, 2014. |
| 11/25/2014 | Motion for leave to file amicus brief filed by The Chamber of Commerce of the United States GRANTED. VIDED |
| 11/25/2014 | Petition GRANTED limited to the following question: Whether the Environmental Protection Agency unreasonably refused to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities." The petitions for writs of certiorari in No. 14-46 and No. 14-47 are granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED. |
| 12/04/2014 | Briefing proposal of the parties. VIDED |
| 12/17/2014 | Upon consideration of the letter of December 4, 2014, from counsel for petitioner in No. 14-47 on behalf of the parties, the following briefing schedule is adopted. The petitioners and respondents in support shall file a total of no more than three briefs on the merits, not to exceed 35,000 words in aggregate, on or before Tuesday, January 20, 2015. The respondents shall file briefs on the merits on or before Wednesday, February 25, 2015, as follows: brief of federal respondents not to exceed 15,000 words, and briefs for state and local government respondents, industry respondents, and nonprofit respondents, not to exceed 10,000 words each. Reply briefs of petitioners and respondents in support, not to exceed 12,000 words in aggregate, shall be filed on or before Wednesday, March 18, 2015. VIDED |
| 12/22/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners, Utility Air Regulatory Group, in No. 14-47. |
| 01/05/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner National Mining Association. |
| 01/14/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Calpine Corporation, Exelon Corporation, National Grid Generation, LLC, and Public Service Enterprise Group, Inc. VIDED. |
| 01/14/2015 | Consent to the filing of amicus curiae briefs, in support f either party or of neither party, received from counsel for respondents State and Local Governments. VIDED. |
| 01/15/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Oak Grove Management Company, LLC VIDED. |
| 01/16/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents American Academy of Pediatrics, et al. VIDED. |
| 01/16/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Edgecombe Genco, LLC, and Spruance Genco, LLC. VIDED |
| 01/20/2015 | The time to file the joint appendix is extended to and including January 23, 2015. VIDED |
| 01/20/2015 | Brief of petitioners Michigan, et al. filed. VIDED. |
| 01/20/2015 | Brief of petitioner National Mining Association filed. VIDED. |
| 01/20/2015 | Brief of Utility Air Regulatory Group, et al. filed. VIDED. |
| 01/23/2015 | Joint appendix 1 of 4 volumes filed. VIDED. (Statement of costs filed) |
| 01/26/2015 | Consent to the filing of amicus curiae briefs, in support of eiither party or of neither party, received from counsel for petitioner FirstEnergy Generation Corp. VIDED. |
| 01/27/2015 | Brief amicus curiae of Cato Institute filed. VIDED. |
| 01/27/2015 | Brief amicus curiae of Peabody Energy Corp. filed. VIDED. |
| 01/27/2015 | Brief amicus curiae of Murray Energy Corporation filed. VIDED. |
| 01/27/2015 | Brief amici curiae of The Chamber of Commerce of the United States, et al. filed. VIDED. |
| 01/28/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for State Petitioners in 14-46. |
| 01/29/2015 | Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for respondent White Stallion Energy Center, LLC. VIDED. |
| 01/30/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Environmental Protection Agency, et al. VIDED |
| 01/30/2015 | Letter from Pennsylvania Department of Environmental Protection stating that it is not a party and does not wish to be a party in this case. VIDED. |
| 02/02/2015 | SET FOR ARGUMENT ON Wednesday, March 25, 2015. VIDED |
| 02/03/2015 | Record requested from U.S.C.A. District of Columbia Circuit. |
| 02/04/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Wyoming. VIDED. |
| 02/04/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents ARIPPA. VIDED |
| 02/10/2015 | Record from U.S.C.A. District of Columbia Circuit is electronic and located on PACER. |
| 02/15/2015 | CIRCULATED |
| 02/18/2015 | Consent to the fiing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent State of Missouri. VIDED. |
| 02/25/2015 | Brief of respondents Environmental Protection Agency, et al. filed. VIDED. (Distributed) |
| 02/25/2015 | Brief of respondents Calpine Corporation, Exelon Corporation, National Grid Generation LLC, and Public Service Enterprise Group, Inc. filed. VIDED. (Distributed) |
| 02/25/2015 | Brief of respondents States and Local Governments filed. VIDED. (Distributed) |
| 02/25/2015 | Brief of respondents American Association of Pediatricians, et al. filed. VIDED. |
| 03/02/2015 | Brief amicus curiae of American Thoracic Society filed. VIDED. (Distributed) |
| 03/03/2015 | Motion for enlargement of time and for divided argument filed by petitioners. VIDED. (Distributed) |
| 03/03/2015 | Motion for enlargement of time for oral argument and for divided argument filed by Industry, State and Local Government, and Nonprofit respondents. VIDED. (Distributed) |
| 03/04/2015 | Brief amicus curiae of Constitutional Accountability Center filed. VIDED. (Distributed) |
| 03/04/2015 | Brief amici curiae of National Congress of American Indians, et al. filed. VIDED. (Distributed) |
| 03/04/2015 | Brief amici curiae of Experts in Air Pollution Control and Air Quality Regulation filed. VIDED. (Distributed) |
| 03/04/2015 | Brief amicus curiae of Union of Concerned Scientists filed. VIDED. (Distributed) |
| 03/04/2015 | Brief amici curiae of Emission Control Companies filed. VIDED. (Distributed) |
| 03/04/2015 | Brief amicus curiae of The Institute for Policy Integrity at New York University School of Law filed. VIDED. (Distributed) |
| 03/04/2015 | Brief amici curiae of Health Scientists, Dr. Lynn Goldman, et al. filed. VIDED. (Distributed) |
| 03/09/2015 | Motion for enlargement of time and for divided argument filed by petitioners GRANTED. |
| 03/09/2015 | Motion for enlargement of time and for divided argument filed by Industry, State and Local Government, and Nonprofit respondents respondents GRANTED. |
| 03/18/2015 | Reply of petitioners Michigan, et al. filed. VIDED. (Distributed) |
| 03/18/2015 | Reply of respondents Utility Air Regulatory Group, et al. filed. VIDED. (Distributed) |
| 03/18/2015 | Reply of petitioner National Mining Association filed. VIDED. (Distributed) |
| 03/25/2015 | Argued. For state petitioners: Aaron D. Lindstrom, Solicitor General, Lansing, Mich. For industry petitioners and respondents in support: F. William Brownell, Washington, D. C. For federal respondents: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D.C. For industry respondents: Paul Smith, Washington, D. C. |
| 03/26/2015 | Letter from counsel for the federal respondents filed. VIDED (Distributed) |
| 03/27/2015 | Letter from counsel for the industry respondents filed. VIDED (Distributed) |
| 03/27/2015 | Joint letter of petitioners filed. VIDED (Distributed) |
| 06/29/2015 | Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Alito, JJ., joined. Thomas, J., filed a concurring opinion. Kagan, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. |
| 07/31/2015 | JUDGMENT ISSUED. |