Diamond Alternative Energy LLC v. Environmental Protection Agency
Holding
The fuel producers have Article III standing to challenge the EPA’s approval under the Clean Air Act of California regulations requiring automakers to manufacture more electric vehicles and fewer gasoline-powered vehicles.
Judgment
Reversed and remanded, 7-2, in an opinion by Brett Kavanaugh on Jun 20, 2025. Justices Sotomayor and Jackson filed dissenting opinions.
Jul 2, 2024Petition for a writ of certiorari filed. (Response due August 7, 2024)Jul 26, 2024Motion to extend the time to file a response from August 7, 2024 to September 7, 2024, submitted to The Clerk.
Jul 29, 2024Motion to extend the time to file a response is granted and the time is extended to and including September 9, 2024, for all respondents.
Aug 1, 2024Motion of the Solictor General to extend the time to file a response from August 7, 2024 to September 6, 2024, submitted to The Clerk.Aug 5, 2024Motion to extend the time to file a response is granted. The time to file responses has been extended to and including September 9, 2024, for all respondents.
Aug 6, 2024Brief amici curiae of Organizations Committed to Constitutional Government filed. VIDED.Aug 7, 2024Brief amici curiae of Texas Oil & Gas Association, et al. filed.Aug 7, 2024Brief amicus curiae of ConservAmerica filed.Aug 7, 2024Brief amicus curiae of American Petroleum Institute filed.Aug 7, 2024Brief amicus curiae of Competitive Enterprise Institute filed.Aug 7, 2024Brief amicus curiae of The Sulphur Institute filed.Aug 7, 2024Brief amici curiae of Texas Royalty Council, et al. filed.Aug 7, 2024Brief amici curiae of Specialty Equipment Market Association, et al. filed. VIDEDAug 7, 2024Brief amici curiae of Western States Petroleum Association, et al. filed.Aug 7, 2024Brief amicus curiae of The Two Hundred for Homeownership filed.Aug 7, 2024Brief amici curiae of Advancing American Freedom, et al. filed.Aug 7, 2024Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.Aug 7, 2024Brief amici curiae of California Business Roundtable, et al. filed.Sep 9, 2024Brief of State Respondents in opposition filed. VIDED.Sep 9, 2024Brief of Federal Respondents in opposition filed.Sep 9, 2024Waiver of right of respondents Natural Resources Defense Council, Inc., et al. to respond filed.Sep 23, 2024Reply of petitioners Diamond Alternative Energy, LLC, et al. filed. (Distributed)Sep 25, 2024DISTRIBUTED for Conference of 10/11/2024.
Oct 15, 2024DISTRIBUTED for Conference of 10/18/2024.
Oct 23, 2024Letter of October 23, 2024 from counsel for petitioners filed. (Distributed)Oct 28, 2024DISTRIBUTED for Conference of 11/1/2024.
Oct 29, 2024Letter of October 29, 2024, of California et al., in response filed. (Distributed)Nov 4, 2024DISTRIBUTED for Conference of 11/8/2024.
Nov 12, 2024DISTRIBUTED for Conference of 11/15/2024.
Nov 18, 2024DISTRIBUTED for Conference of 11/22/2024.
Dec 2, 2024DISTRIBUTED for Conference of 12/6/2024.
Dec 9, 2024DISTRIBUTED for Conference of 12/13/2024.
Dec 13, 2024Petition GRANTED limited to Question 1 presented by the petition.
Jan 24, 2025Motion to hold the briefing schedule in abeyance filed by federal respondents. (Distributed)Jan 27, 2025Brief of petitioners Diamond Alternative Energy, LLC, et al. filed.Jan 27, 2025Joint appendix filed. (Statement of costs filed.)Jan 29, 2025Response in opposition to motion to hold the briefing schedule in abeyance from petitioners Diamond Alternative Energy, LLC, et al. filed. (Distributed)Jan 31, 2025Brief amici curiae of Foothill Church and Cedar Park Assembly of God of Kirkland, Washington filed.Feb 3, 2025Brief amicus curiae of The Two Hundred for Homeownership filed.Feb 3, 2025Brief amicus curiae of ConservAmerica filed.Feb 3, 2025Brief amicus curiae of American Petroleum Institute filed.Feb 3, 2025Brief amicus curiae of The Sulphur Institute filed.Feb 3, 2025Brief amici curiae of Advancing American Freedom, et al. filed.Feb 3, 2025Brief amici curiae of Our Children’s Trust, et al. in support of neither party filed.Feb 3, 2025Brief amici curiae of Western States Petroleum Association, et al. filed.Feb 3, 2025Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.Feb 3, 2025Brief amici curiae of Texas Oil & Gas Association, et al. filed.Feb 3, 2025Brief amici curiae of Texas Royalty Council, et al. filed.Feb 3, 2025Brief amicus curiae of Cato Institute filed.Feb 6, 2025Motion of the federal respondents to hold the briefing schedule in abeyance DENIED.
Feb 10, 2025Motion of respondents for an extension of time within which to file respondents' briefs on the merits filed.Feb 13, 2025Motion of respondents to extend the time to file respondents' briefs on the merits granted and the time is extended to and including March 12, 2025.
Feb 24, 2025SET FOR ARGUMENT on Wednesday, April 23, 2025.
Feb 27, 2025Record requested from the United States Court of Appeals for the District of Columbia Circuit.
Mar 12, 2025Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
Mar 12, 2025Brief of federal respondents filed.Mar 12, 2025Brief of state respondents filed.Mar 12, 2025Letter of respondents Natural Resources Defense Council, et al. (the public interest organizations) notifying the Clerk they do not intend to file a brief on the merits filed.Mar 18, 2025Brief amicus curiae of Professor F. Andrew Hessick filed. (Distributed)Mar 19, 2025CIRCULATED
Mar 19, 2025Motion for divided argument filed by the Acting Solicitor General.Mar 19, 2025Brief amici curiae of International Council on Clean Transportation, et al. filed. (Distributed)Mar 19, 2025Brief amici curiae of Professor Heather Elliott, et al. filed. (Distributed)Mar 31, 2025Motion for divided argument filed by the Acting Solicitor General GRANTED.
Apr 9, 2025Reply of petitioners Diamond Alternative Energy, LLC, et al. filed. (Distributed)Apr 23, 2025Argued. For petitioners: Jeffrey B. Wall, Washington, D. C. For federal respondents: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For state respondents: Joshua A. Klein, Deputy Solicitor General, Oakland, Cal.
Jun 20, 2025Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Gorsuch, and Barrett, JJ., joined. Sotomayor, J., and Jackson, J., filed dissenting opinions.
Jul 22, 2025Judgment Issued.Recommended Citation: Diamond Alternative Energy LLC v. Environmental Protection Agency, SCOTUSblog, https://www.scotusblog.com/cases/diamond-alternative-energy-llc-v-environmental-protection-agency/