West Virginia v. Environmental Protection Agency, No. 20-1530 [Arg: 02.28.2022]

QUESTION PRESENTED:

Whether, in 42 U.S.C. § 7411(d), an ancillary provision of the Clean Air Act, Congress constitutionally authorized the Environmental Protection Agency to issue significant rules — including those capable of reshaping the nation’s electricity grids and unilaterally decarbonizing virtually any sector of the economy — without any limits on what the agency can require so long as it considers cost, nonair impacts and energy requirements.

Date                    Proceedings and Orders (key to color coding)
Apr 29 2021 | Petition for a writ of certiorari filed. (Response due June 3, 2021)
May 26 2021 | Blanket Consent filed by Petitioner, State of West Virginia, et al.
May 27 2021 | Motion to extend the time to file a response from June 3, 2021 to July 6, 2021, submitted to The Clerk.
May 28 2021 | Motion to extend the time to file a response is granted and the time is extended to and including July 6, 2021, for all respondents.
May 28 2021 | Brief of respondent National Mining Association in support filed.
Jun 02 2021 | Brief of respondent Basin Electric Power Cooperative in support filed.
Jun 03 2021 | Brief amicus curiae of Commonwealth of Kentucky filed.
Jun 03 2021 | Brief of respondent America's Power in support filed.
Jun 25 2021 | Motion to extend the time to file a response from July 6, 2021 to August 5, 2021, submitted to The Clerk.
Jun 28 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including August 5, 2021, for all respondents.
Aug 05 2021 | Brief of respondents Consolidated Edison, Inc., Exelon Corporation, National Grid USA, New York Power Authority, Power Companies Climate Coalition, and Sacramento Municipal Utility District in opposition filed. VIDED.
Aug 05 2021 | Brief of respondents Non-Governmental Organization and Trade Association Respondents in opposition filed. VIDED.
Aug 05 2021 | Brief of respondents U.S. Environmental Protection Agency, et al. in opposition filed. VIDED.
Aug 05 2021 | Brief of respondents States and Municipalities in opposition filed. VIDED.
Aug 24 2021 | Reply of petitioners State of West Virginia, et al. filed. (Distributed)
Aug 25 2021 | DISTRIBUTED for Conference of 9/27/2021.
Oct 04 2021 | DISTRIBUTED for Conference of 10/8/2021.
Oct 12 2021 | DISTRIBUTED for Conference of 10/15/2021.
Oct 25 2021 | DISTRIBUTED for Conference of 10/29/2021.
Oct 29 2021 | Petition GRANTED. The petitions for writs of certiorari in No. 20-1531 and No. 20-1780 are granted. The petition for a writ of certiorari in No. 20-1778 is granted limited to Question 2 presented by the petition. The cases are consolidated, and a total of one hour is allotted for oral argument. The motion of Lignite Energy Council for leave to file a brief as amicus curiae is granted. VIDED.
Nov 04 2021 | 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. 20-1530. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-1530. 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.”
Nov 10 2021 | Blanket Consent filed by petitioners, State of West Virginia, et al. VIDED.
Nov 10 2021 | Blanket Consent filed by petitioner, North American Coal Corporation in No. 20-1531. VIDED.
Nov 10 2021 | Blanket Consent filed by petitioner, Westmoreland Minings Holdings LLC in No. 20-1778. VIDED.
Nov 24 2021 | Blanket Consent filed by respondent, America's Power in support. VIDED.
Nov 24 2021 | Blanket Consent filed by respondent, National Mining Association in support. VIDED.
Nov 24 2021 | Blanket Consent filed by respondent, Basin Electric Power Cooperative in support. VIDED.
Nov 24 2021 | Motion of Non-Governmental Organization and Trade Association Respondents for an extension of time not accepted for filing. (December 03, 2021)
Nov 26 2021 | Motion of respondents for an extension of time filed. VIDED.
Nov 29 2021 | Blanket Consent filed by respondent, U.S. Environmental Protection Agency, et al. VIDED.
Nov 29 2021 | Blanket Consent filed by petitioner, North Dakota in No. 20-1780. VIDED.
Nov 30 2021 | Blanket Consent filed by respondent, Non-Governmental Organization and Trade Association respondents. VIDED.
Dec 01 2021 | Motion to extend the time to file the response briefs on the merits is granted and the time is extended to and including January 18, 2022. VIDED.
Dec 06 2021 | Blanket Consent filed by respondents, States and Municipalities in opposition. VIDED.
Dec 13 2021 | Brief of respondent America's Power in support filed. VIDED.
Dec 13 2021 | Brief of respondent National Mining Association filed. VIDED.
Dec 13 2021 | Brief of respondent Basin Electric Power Cooperative filed. VIDED.
Dec 13 2021 |