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North Dakota v. Environmental Protection Agency

Certiorari Denied

Petition for certiorari denied on May 27, 2014.

Docket No.13-940
Op. Below8th Cir.

Issue

Whether the Eighth Circuit applied the incorrect standard of review and erred in upholding the Environmental Protection Agency"s assertion of authority to overrule the reasonable policy and technical decisions made by the state of North Dakota in its Visibility Program state implementation plan, contrary to the authority delegated to the state under the Clean Air Act, and in conflict with decisions of this Court and other federal courts of appeals establishing the division of federal-state jurisdiction under the Act.

Proceedings & orders timeline

Dec 4, 2013
Application (13A574) to extend the time to file a petition for a writ of certiorari from December 22, 2013 to February 5, 2014, submitted to Justice Alito.
Dec 6, 2013
Application (13A574) granted by Justice Alito extending the time to file until February 5, 2014.
Feb 5, 2014
Petition for a writ of certiorari filed. (Response due March 10, 2014)
Feb 5, 2014
Appendix of North Dakota filed.
Mar 5, 2014
Order extending time to file response to petition to and including April 9, 2014.
Mar 5, 2014
Brief amici curiae of American Iron and Steel Institute, et al. filed. VIDED.
Mar 7, 2014
Brief amici curiae of Arizona, Nebraska, and Fourteen State Agencies filed.
Mar 28, 2014
Order further extending time to file response to petition to and including April 21, 2014.
Apr 21, 2014
Brief of respondents Environmental Protection Agency, et al. in opposition filed.
May 5, 2014
Reply of petitioner North Dakota filed.
May 6, 2014
DISTRIBUTED for Conference of May 22, 2014.
May 27, 2014
Petition DENIED.

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