West Virginia v. Environmental Protection Agency

Consolidated with:

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)
Announcement of opinions for Thursday, June 30 (complete) (Angie Gou, June 30, 2022)
Supreme Court curtails EPAs authority to fight climate change (Amy Howe, June 30, 2022)
In climate-change case, justices grapple with EPAs role, congressional intent, and their own jurisdiction (Amy Howe, February 28, 2022)
Greenhouse gases and major questions: Justices to hear argument on EPAs power to tackle climate change (Amy Howe, February 27, 2022)
Climate change and immigration policies headline February argument calendar (Amy Howe, December 18, 2021)
Justices agree to review EPAs 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 (key to color coding)
04/29/2021	Petition for a writ of certiorari filed. (Response due June 3, 2021)
05/26/2021	Blanket Consent filed by Petitioner, State of West Virginia, et al.
05/27/2021	Motion to extend the time to file a response from June 3, 2021 to July 6, 2021, submitted to The Clerk.
05/28/2021	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.
05/28/2021	Brief of respondent National Mining Association in support filed.
06/02/2021	Brief of respondent Basin Electric Power Cooperative in support filed.
06/03/2021	Brief amicus curiae of Commonwealth of Kentucky filed.
06/03/2021	Brief of respondent America's Power in support filed.
06/25/2021	Motion to extend the time to file a response from July 6, 2021 to August 5, 2021, submitted to The Clerk.
06/28/2021	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.
08/05/2021	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.
08/05/2021	Brief of respondents Non-Governmental Organization and Trade Association Respondents in opposition filed. VIDED.
08/05/2021	Brief of respondents U.S. Environmental Protection Agency, et al. in opposition filed. VIDED.
08/05/2021	Brief of respondents States and Municipalities in opposition filed. VIDED.
08/24/2021	Reply of petitioners State of West Virginia, et al. filed. (Distributed)
08/25/2021	DISTRIBUTED for Conference of 9/27/2021.
10/04/2021	DISTRIBUTED for Conference of 10/8/2021.
10/12/2021	DISTRIBUTED for Conference of 10/15/2021.
10/25/2021	DISTRIBUTED for Conference of 10/29/2021.
10/29/2021	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.
11/04/2021	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.”
11/10/2021	Blanket Consent filed by petitioners, State of West Virginia, et al. VIDED.
11/10/2021	Blanket Consent filed by petitioner, North American Coal Corporation in No. 20-1531. VIDED.
11/10/2021	Blanket Consent filed by petitioner, Westmoreland Minings Holdings LLC in No. 20-1778. VIDED.
11/24/2021	Blanket Consent filed by respondent, America's Power in support. VIDED.
11/24/2021	Blanket Consent filed by respondent, National Mining Association in support. VIDED.
11/24/2021	Blanket Consent filed by respondent, Basin Electric Power Cooperative in support. VIDED.
11/24/2021	Motion of Non-Governmental Organization and Trade Association Respondents for an extension of time not accepted for filing. (December 03, 2021)
11/26/2021	Motion of respondents for an extension of time filed. VIDED.
11/29/2021	Blanket Consent filed by respondent, U.S. Environmental Protection Agency, et al. VIDED.
11/29/2021	Blanket Consent filed by petitioner, North Dakota in No. 20-1780. VIDED.
11/30/2021	Blanket Consent filed by respondent, Non-Governmental Organization and Trade Association respondents. VIDED.
12/01/2021	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.
12/06/2021	Blanket Consent filed by respondents, States and Municipalities in opposition. VIDED.
12/13/2021	Joint appendix filed (4 volumes). VIDED. (Statement of costs filed)
12/13/2021	Brief of petitioners West Virginia, et al. filed (in 20-1530).
12/13/2021	Brief of petitioner The North American Coal Corporation filed. VIDED.
12/13/2021	Brief of petitioner Westmoreland Minings Holdings LLC filed. VIDED.
12/13/2021	Brief of petitioner The State North Dakota filed. VIDED.
12/13/2021	Brief of respondent National Mining Association in support filed. VIDED.
12/13/2021	Brief of respondent Basin Electric Power Cooperative in support filed. VIDED.
12/13/2021	Brief of respondent America's Power filed. VIDED.
12/16/2021	Brief amicus curiae of Landmark Legal Foundation filed. (in 20-1530)
12/16/2021	Brief amici curiae of Cato Institute, et al. filed. VIDED.
12/16/2021	Brief amici curiae of Lignite Energy Council, et al. filed. VIDED.
12/17/2021	ARGUMENT SET FOR Monday, February 28, 2022. VIDED.
12/17/2021	Brief amicus curiae of Competitive Enterprise Institute filed. VIDED.
12/17/2021	Brief amici curiae of South Texas Electric Cooperative, Inc., et al. filed. VIDED.
12/20/2021	Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED.
12/20/2021	Brief amici curiae of Scholars of Congressional Accountability in support of neither party filed. VIDED.
12/20/2021	Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed. VIDED.
12/20/2021	Brief amici curiae of Southeastern Legal Foundation, et al. filed. VIDED.
12/20/2021	Brief amicus curiae of Buckeye Institute filed. VIDED.
12/20/2021	Brief amicus curiae of New England Legal Foundation filed. VIDED.
12/20/2021	Brief amicus curiae of America First Policy Institute filed. VIDED.
12/20/2021	Brief amici curiae of Michigan House of Representatives, et al. filed. VIDED.
12/20/2021	Brief amici curiae of 91 Members of Congress filed. VIDED.
12/20/2021	Brief amici curiae of Kentucky, et al. filed. (in 20-1530)
12/20/2021	Brief amici curiae of Doctors for Disaster Preparedness, et al. filed. (in 20-1530)
12/20/2021	Brief amicus curiae of New Civil Liberties Alliance (Dec. 30, 2021) filed.
12/21/2021	Record requested from the U.S.C.A. District of Columbia Circuit.
12/23/2021	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.
12/30/2021	Amicus brief of New Civil Liberties Alliance not accepted for filing. (Corrected version submitted)(January 05, 2022)
01/18/2022	CIRCULATED
01/18/2022	Brief of Non-Governmental Organization and Trade Association respondents filed. VIDED. (Distributed)
01/18/2022	Brief of State of New York, and Other State and Municipal respondents filed. VIDED. (Distributed)
01/18/2022	Brief of Federal respondents filed. VIDED. (Distributed)
01/18/2022	Brief of Power Company respondents filed. VIDED. (Distributed)
01/18/2022	Motion for enlargement of time for oral argument and for divided argument filed by West Virginia, et al. VIDED.
01/18/2022	Motion for enlargement of time for oral argument and for divided argument filed by North Dakota. VIDED.
01/18/2022	Motion for enlargement of time for oral argument and for divided argument filed by the Solicitor General. VIDED.
01/19/2022	Letter of respondent Commonwealth of Virginia filed (Revised letter of 2/18/22). VIDED. (Distributed)
01/24/2022	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.
01/24/2022	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.
01/24/2022	Motion of North Dakota for divided argument and for enlargement of time for oral argument DENIED. VIDED.
01/24/2022	Brief amici curiae of Climate Scientists Michael Oppenheimer, et al. filed. VIDED. (Distributed)
01/24/2022	Brief amici curiae of U.S. Senators Sheldon Whitehouse, et al. filed (in 20-1530). (Distributed)
01/24/2022	Brief amicus curiae of Thomas C. Jorling filed. VIDED. (Distributed)
01/25/2022	Brief amici curiae of The National League of Cities and The U.S. Conference of Mayors filed. VIDED. (Distributed)
01/25/2022	Brief amici curiae of American Thoracic Society, et al. filed. VIDED. (Distributed)
01/25/2022	Brief amici curiae of 192 Members of Congress filed. VIDED. (Distributed)
01/25/2022	Brief amicus curiae of Public Citizen filed. VIDED. (Distributed)
01/25/2022	Brief amicus curiae of Richard L. Revesz filed. VIDED. (Distributed)
01/25/2022	Brief amici curiae of Former Commissioners of the Federal Energy Regulatory Commission filed. VIDED. (Distributed)
01/25/2022	Brief amici curiae of The Edison Electric Institute and The National Association of Clean Water Agencies filed. VIDED. (Distributed)
01/25/2022	Brief amici curiae of Apple Inc., et al., filed. VIDED. (Distributed)
01/25/2022	Brief amicus curiae of Julian Davis Mortenson filed (in 20-1530). (Distributed)
01/25/2022	Brief amici curiae of Former Power Industry Executives filed. VIDED. (Distributed)
01/25/2022	Brief amici curiae of Grid Experts Benjamin F. Hobbs, et al. filed (in 20-1530). (Distributed)
01/25/2022	Brief amicus curiae of National Parks Conservation Association filed. VIDED. (Distributed)
02/08/2022	Update to Amended Corporate Disclosure Statements in the Power company respondents brief on the merits filed. VIDED. (Distributed)
02/16/2022	Reply of respondent Basin Electric Power Cooperative filed. VIDED. (Distributed)
02/17/2022	Reply of petitioner The North American Coal Corporation filed. VIDED. (Distributed)
02/17/2022	Reply of petitioner Westmoreland Minings Holdings LLC in No. 20-1778 filed. VIDED. (Distributed)
02/17/2022	Reply of petitioner The State North Dakota in No. 20-1780 filed. VIDED. (Distributed)
02/17/2022	Reply of petitioners State of West Virginia, et al. filed (in 20-1530). (Distributed)
02/28/2022	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.
06/30/2022	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.
08/01/2022	JUDGMENT ISSUED