Skip to main content

Virginia v. Environmental Protection Agency

Certiorari Denied

Petition for certiorari denied on October 15, 2013.

Docket No.12-1152
Op. BelowD.C. Cir.

Issue

(1) Whether Virginia and other petitioners below demonstrated that there was evidence of central relevance to the EPA"s Endangerment Finding not available during the comment period such that the Administrator was obligated to convene a proceeding for reconsideration with procedural rights of notice and comment; (2) whether the EPA correctly applied the standard for demonstrating central relevance; (3) whether the EPA erred when it found the objections material enough to require resort to extensive new evidence outside of the record while denying the rights of notice and comment on that evidence; and (4) whether the EPA erred initially and on Petition for Reconsideration by delegating its Statutory Authority to outside entities.

Proceedings & orders timeline

Mar 20, 2013
Petition for a writ of certiorari filed. (Response due April 22, 2013)
Apr 11, 2013
Order extending time to file response to petition to and including May 22, 2013, for all respondents.
May 8, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Texas, and eight other states.
May 13, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners Southeastern Legal Foundation, Inc., et al.
May 14, 2013
Consent to the filing of amicius curiae briefs, in support of either party or of neither party, received from counsel for the Federal Respondent.
May 14, 2013
Letter of respondent National Environmental Development Association's Clean Air Project in support of the petition received.
May 15, 2013
Order further extending time to file response to petition to and including June 21, 2013, for all respondents.
May 17, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the State of Indiana.
Jun 6, 2013
Order further extending time to file response to petition to and including July 22, 2013, for all respondents. .
Jun 7, 2013
Application (12A1181) to file consolidated brief in opposition in excess of word limits, submitted to The Chief Justice.
Jun 7, 2013
Application (12A1181) to file consolidated brief in opposition in excess of word limits granted by The Chief Justice. The consolidated brief in opposition may not exceed 12,000 words.
Jul 1, 2013
Application (13A35) to file consolidated brief in opposition in excess of word limits, submitted to The Chief Justice.
Jul 8, 2013
Application (13A35) to file consolidated brief in opposition in excess of word limits granted by The Chief Justice. The consolidated brief in opposition may not exceed 11,000 words.
Jul 22, 2013
Brief of respondents Environmental Protection Agency in opposition filed. VIDED.
Jul 22, 2013
Brief of Environmental Organization respondents in opposition filed. VIDED.
Jul 22, 2013
Brief of respondents New York, et al. in opposition filed. VIDED.
Aug 5, 2013
Reply of petitioners Virginia, et al. filed.
Aug 7, 2013
DISTRIBUTED for Conference of September 30, 2013.
Oct 7, 2013
DISTRIBUTED for Conference of October 11, 2013.
Oct 15, 2013
Petition DENIED.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.