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Ohio v. Environmental Protection Agency

Consolidated with Kinder Morgan v. Environmental Protection Agency (23A350), American Forest & Paper Association v. Environmental Protection Agency (23A351), United States Steel Corporation v. Environmental Protection Agency (23A384)

Emergency application for stay is granted.

Docket No.23A349
Op. BelowD.C. Cir.
ArgumentFeb 21, 2024
Vote5-4
AuthorNeil Gorsuch
OpinionJun 27, 2024
TermOctober Term 2023
SCOTUS PageOpinion

Holding

The enforcement of the Environmental Protection Agency's federal implementation plan against the applicant states, whose own state implementation plans were determined by EPA to be inadequate because they failed to adequately address certain obligations under the Good Neighbor Provision, shall be stayed pending disposition of the applicants' petition for review in the U.S. Court of Appeals for the D.C. Circuit and any petition for writ of certiorari, timely sought.

Judgment

Application for stay granted, 5-4, in an opinion by Neil Gorsuch on Jun 27, 2024. Justice Barrett filed a dissenting opinion, in which Justices Sotomayor, Kagan, and Jackson joined.

Proceedings & orders timeline

Oct 13, 2023
Application (23A349) for a stay, submitted to The Chief Justice.
Oct 19, 2023
Response to application (23A349) requested by The Chief Justice, due by 4 p.m. (EDT) on October 30, 2023.
Oct 30, 2023
Response to application from respondent EPA filed.Oct 30, 2023
Response to application from respondent New York, Connecticut, Delaware, Illinois, Maryland, Massachusetts, New Jersey, Pennsylvania, and Wisconsin, and District of Columbia, City of New York, and Harris County,TX filed.Oct 30, 2023
Response to application from respondent Public Interest Respondents filed.Nov 1, 2023
Reply of applicant Ohio, et al. filed.
Dec 20, 2023
Application (23A349) referred to the Court.
Dec 20, 2023
Consideration of the applications for stay (23A349, 23A350, 23A351, and 23A384) presented to The Chief Justice and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of 1 hour is allotted for oral argument. The applications will be set for argument in the February 2024 argument session. Arguing counsel should be prepared to address, among other issues related to the challenge based on the SIP disapprovals, whether the emissions controls imposed by the Rule are reasonable regardless of the number of States subject to the Rule. VIDED.
Jan 5, 2024
SET FOR ARGUMENT on Wednesday, February 21, 2024. VIDED.
Jan 5, 2024
Record requested from the United States Court of Appeals for the District of Columbia Circuit.
Jan 8, 2024
Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
Jan 9, 2024
Any motion regarding oral argument is due on or before Friday, January 12, 2024. VIDED.
Jan 9, 2024
Motion of the Solicitor General for divided argument filed. VIDED.Jan 10, 2024
Motion for divided argument filed by applicants. VIDED.
Jan 22, 2024
Motion for divided argument filed by applicants GRANTED. VIDED.
Jan 22, 2024
Motion for divided argument filed by the Solicitor General GRANTED. VIDED.
Jan 23, 2024
Letter of respondents EPA, et al. notifying the Court of proposed rule filed. VIDED. (Distributed)
Feb 21, 2024
Argued. For state applicants: Mathura J. Sridharan, Deputy Solicitor General, Columbus, Ohio. For industry applicants: Catherine E. Stetson, Washington, D. C. For federal respondents: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For state respondents: Judith N. Vale, Deputy Solicitor General, New York, N. Y. VIDED.
Mar 28, 2024
Letter of respondents EPA, et al. updating Court filed. VIDED. (Distributed)May 1, 2024
Letter of respondents of respondents EPA, et al. notifying Court of proposed settlement agreement with Nevada Cement Company, LLC filed. VIDED. (Distributed)
Jun 27, 2024
Applications for stays (23A349, 23A350, 23A351, and 23A384) granted by the Court. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Kavanaugh, JJ., joined. Barrett, J., filed a dissenting opinion, in which Sotomayor, Kagan, and Jackson, JJ., joined. VIDED.

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