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PacifiCorp v. Environmental Protection Agency

Docket No.23-1068
Op. Below10th Cir.
ArgumentMar 25, 2025

Holding

Under the Clean Air Act, EPA’s disapprovals of the Oklahoma and Utah state implementation plans are locally or regionally applicable actions reviewable in a regional court of appeals.

Judgment

Reversed and remanded, 8-0, in an opinion by Clarence Thomas on Jun 18, 2025. Justice Alito took no part in the consideration or decision of the case.

Proceedings & orders timeline

Mar 28, 2024
Petition for a writ of certiorari filed. (Response due May 1, 2024)
Apr 23, 2024
Motion to extend the time to file a response from May 1, 2024 to May 21, 2024, submitted to The Clerk.
Apr 24, 2024
Motion to extend the time to file a response is granted and the time is extended to and including May 21, 2024.
May 21, 2024
Brief for the Federal Respondents filed. VIDED.
May 23, 2024
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
May 28, 2024
DISTRIBUTED for Conference of 6/13/2024.
May 29, 2024
Rescheduled.
May 30, 2024
Reply of petitioners PacifiCorp, et al. filed.
Sep 11, 2024
DISTRIBUTED for Conference of 9/30/2024.
Oct 7, 2024
DISTRIBUTED for Conference of 10/11/2024.
Oct 15, 2024
DISTRIBUTED for Conference of 10/18/2024.
Oct 21, 2024
Petition GRANTED. The petition for a writ of certiorari in No. 23-1067 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. Justice Alito took no part in the consideration or decision of these petitions. VIDED.
Oct 21, 2024
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. 23-1067. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 23-1067. 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.”
Feb 10, 2025
SET FOR ARGUMENT on Tuesday, March 25, 2025. VIDED.
Feb 12, 2025
Record requested from the United States Court of Appeals for the Tenth Circuit.
Feb 12, 2025
Record received electronically from the United States Court of Appeals for the Tenth Circuit and available with the Clerk.
Feb 18, 2025
Reply of petitioners PacifiCorp, et al. filed. VIDED. (Distributed)
Feb 19, 2025
CIRCULATED
Mar 25, 2025
Argued. For petitioners in 23-1067: Mithun Mansinghani, Oklahoma City, Okla. For petitioners in 23-1068: Misha Tseytlin, Chicago, Ill. For respondents: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.
Jun 18, 2025
Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment, in which Roberts, C. J., joined. Alito, J., took no part in the consideration or decision of the case. VIDED.
Jul 21, 2025
Judgment Issued.

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