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Suncor Energy (U.S.A.) Inc. v. Board of County Commissioners of Boulder County

Certiorari Denied

Petition for certiorari denied on April 24, 2023.

Docket No.21-1550
Op. Below10th Cir.

Issue

(1) Whether federal common law necessarily and exclusively governs claims seeking redress for injuries allegedly caused by the effect of interstate greenhouse-gas emissions on the global climate; and (2) whether a federal district court has jurisdiction under 28 U.S.C. § 1331 over claims necessarily and exclusively governed by federal common law but labeled as arising under state law. CVSG: 3/16/2023

Proceedings & orders timeline

Apr 26, 2022
Application (21A662) to extend the time to file a petition for a writ of certiorari from May 9, 2022 to June 8, 2022, submitted to Justice Gorsuch.
Apr 29, 2022
Application (21A662) granted by Justice Gorsuch extending the time to file until June 8, 2022.
May 26, 2022
Application (21A662) to extend further the time from June 8, 2022 to July 8, 2022, submitted to Justice Gorsuch.
Jun 6, 2022
Application (21A662) denied by Justice Gorsuch.
Jun 8, 2022
Petition for a writ of certiorari filed. (Response due July 11, 2022)
Jun 21, 2022
Blanket Consent filed by Petitioner, Suncor Energy (U.S.A.) Inc., et al.
Jun 30, 2022
Motion to extend the time to file a response from July 11, 2022 to August 10, 2022, submitted to The Clerk.
Jul 1, 2022
Motion to extend the time to file a response is granted and the time is extended to and including August 10, 2022.
Jul 7, 2022
Brief amici curiae of Atlantic Legal Foundation & DRI Center for Law and Public Policy filed.
Jul 8, 2022
Brief amicus curiae of the National Association of Manufacturers filed.
Jul 11, 2022
Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Jul 11, 2022
Brief amicus curiae of American Petroleum Institute filed.
Jul 11, 2022
Brief amici curiae of Indiana, et al. filed.
Jul 11, 2022
Brief amicus curiae of Washington Legal Foundation filed.
Aug 10, 2022
Brief of respondents Board of County Commissioners of Boulder County, et al. in opposition filed.
Aug 24, 2022
DISTRIBUTED for Conference of 9/28/2022.
Aug 24, 2022
Reply of petitioners Suncor Energy (U.S.A.) Inc., et al. filed. (Distributed)
Oct 3, 2022
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Mar 16, 2023
Brief amicus curiae of United States filed.
Apr 5, 2023
DISTRIBUTED for Conference of 4/21/2023.
Apr 5, 2023
Supplemental brief of petitioners Suncor Energy (U.S.A.) Inc., et al. filed. (Distributed)
Apr 10, 2023
Supplemental brief of respondents Board of County Commissioners of Boulder County, et al. filed. (Distributed)
Apr 24, 2023
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition. Justice Kavanaugh would grant the petition for a writ of certiorari.

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