Michigan v. Environmental Protection Agency
Linked with:
- Utility Air Regulatory Group v. Environmental Protection Agency
- National Mining Association v. Environmental Protection Agency
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-46 | D.C. Cir. | Mar 25, 2015 | Jun 29, 2015 | 5-4 | Scalia | OT 2014 |
Holding: The Environmental Protection Agency interpreted 42 U.S.C. §7412(n)(1)(A) of the Clean Air Act, which requires the agency to regulate power plants when “appropriate and necessary,” unreasonably when it refused to consider cost when making that decision.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Scalia on June 29, 2015. Justice Thomas filed a concurring opinion. Justice Kagan filed a dissenting opinion, in which Justices Ginsburg, Breyer and Sotomayor joined.
SCOTUSblog Coverage
- States seek to block mercury pollution rule (Lyle Denniston, February 26, 2016)
- Opinion analysis: Power plants stymie smokestack controls (Lyle Denniston, June 29, 2015)
- Argument analysis: EPA may be a vote short -- or not (Lyle Denniston, March 25, 2015)
- Argument preview: EPA, on the defensive again (Lyle Denniston, March 24, 2015)
- Court to rule on disability rights, mercury pollution (Lyle Denniston, November 25, 2014)
| Date | Proceedings and Orders |
|---|---|
| Jul 14 2014 | Petition for a writ of certiorari filed. (Response due August 15, 2014) |
| Jul 14 2014 | Appendix of Michigan, et al. filed. |
| Jul 29 2014 | Waiver of right of respondent White Stallion Energy Center, LLC to respond filed. |
| Aug 6 2014 | Order extending time to file response to petition to and including September 15, 2014, for all respondents. |
| Aug 6 2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| Aug 7 2014 | Waiver of right of respondent ARIPPA to respond filed. |
| Aug 7 2014 | Waiver of right of respondent Utility Air Regulatory Group to respond filed. |
| Aug 8 2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Calpine Corporation, Exelon Corporation, National Grid Generation LLC, and Public Service Enterprise Group, Inc. VIDED. |
| Aug 8 2014 | Waiver of right of respondent FirstEnergy Generation Corp. to respond filed. |
| Aug 12 2014 | Waiver of right of respondents Edgecombe Genco, LLC and Spruance Genco, LLC to respond filed. |
| Aug 13 2014 | Waiver of right of respondent Oak Grove Management Company, LLC to respond filed. |
| Aug 15 2014 | Motion for leave to file amicus brief filed by Chamber of Commerce of the United States of America. VIDED. |
| Aug 15 2014 | Brief amicus curiae of Murray Energy Corporation filed. |
| Aug 15 2014 | Waiver of right of respondent Pennsylvania Department of Environmental Protection to respond filed. |
| Aug 25 2014 | Waiver of right of respondent Wyoming to respond filed. |
| Sep 2 2014 | Order extending time to file response to petition to and including October 15, 2014, for all respondents. |
| Oct 15 2014 | Brief of Federal Respondents in opposition filed. VIDED. |
| Oct 15 2014 | Brief of respondents Calpine Corporation, Exelon Corporation, National Grid Generation LLC, and Public Service Enterprise Group, Inc. in opposition filed. VIDED. |
| Oct 15 2014 | Brief of respondents American Academy of Pediatrics, et al. in opposition filed. VIDED. |
| Oct 15 2014 | Brief of Respondent States and Local Governments in opposition filed. VIDED. |
| Oct 29 2014 | DISTRIBUTED for Conference of November 14, 2014. |
| Oct 29 2014 | Reply of petitioners Michigan, et al. filed. (Distributed). |
| Nov 17 2014 | DISTRIBUTED for Conference of November 25, 2014. |
| Nov 25 2014 | Motion for leave to file amicus brief filed by The Chamber of Commerce of the United States of America GRANTED. VIDED |
| Nov 25 2014 | Petition GRANTED limited to the following question: Whether the Environmental Protection Agency unreasonably refused to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities." The petitions for writs of certiorari in No. 14-47 and No. 14-49 are granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED |
| Dec 4 2014 | Briefing proposal of the parties. VIDED |
| Dec 17 2014 | Upon consideration of the letter of December 4, 2014, from counsel for petitioner in No. 14-47 on behalf of the parties, the following briefing schedule is adopted. The petitioners and respondents in support shall file a total of no more than three briefs on the merits, not to exceed 35,000 words in aggregate, on or before Tuesday, January 20, 2015. The respondents shall file briefs on the merits on or before Wednesday, February 25, 2015, as follows: brief of federal respondents not to exceed 15,000 words, and briefs for state and local government respondents, industry respondents, and nonprofit respondents, not to exceed 10,000 words each. Reply briefs of petitioners and respondents in support, not to exceed 12,000 words in aggregate, shall be filed on or before Wednesday, March 18, 2015. VIDED |
| Dec 22 2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner, Utility Air Regulatory Group, in No. 14-47. |
| Jan 13 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents American Academy of Pediatrics, et al. VIDED. |
| Jan 14 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Calpine Corporation, Exelon Corporation, National Grid Generation LLC, and Public Service Enterprise Group, Inc. VIDED. |
| Jan 14 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents State and Local Governments. VIDED. |
| Jan 15 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Oak Grove Management Company, LLC. VIDED. |
| Jan 20 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Edgecombe Genco, LLC, and Spruance Genco, LLC. VIDED. |
| Jan 20 2015 | The time to file the joint appendix is extended to and including January 23, 2015. VIDED |
| Jan 20 2015 | Brief of petitioners Michigan, et al. filed. VIDED. |
| Jan 20 2015 | Brief of National Mining Association filed. VIDED. |
| Jan 20 2015 | Brief of Utility Air Regulatory Group, et al. filed. VIDED. |
| Jan 23 2015 | Joint appendix 4 volumes filed. VIDED. (Statement of costs filed) |
| Jan 26 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners FirstEnergy Generation Corp. VIDED. |
| Jan 27 2015 | Brief amicus curiae of Cato Institute filed. VIDED. |
| Jan 27 2015 | Brief amicus curiae of Peabody Energy Corp. filed. VIDED. |
| Jan 27 2015 | Brief amicus curiae of Murray Energy Corporation filed. VIDED. |
| Jan 27 2015 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED. |
| Jan 28 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for State Petitioners in 14-46. |
| Jan 29 2015 | Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for respondent White Stallion Energy Center, LLC. VIDED. |
| Jan 30 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Environmental Protection Agency, et al. VIDED |
| Jan 30 2015 | Letter from Pennsylvania Department of Environmental Protection stating that it is not a party and does not wish to be a party in this case. VIDED. |
| Feb 2 2015 | SET FOR ARGUMENT ON Wednesday, March 25, 2015. VIDED |
| Feb 3 2015 | Record requested from U.S.C.A. District of Columbia Circuit. |
| Feb 4 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Wyoming. VIDED. |
| Feb 4 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent ARIPPA. VIDED |
| Feb 10 2015 | Record from U.S.C.A. District of Columbia Circuit is electronic and located on PACER. |
| Feb 12 2015 | CIRCULATED |
| Feb 18 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent State of Missouri. VIDED |
| Feb 25 2015 | Brief of respondents Environmental Protection Agency, et al. filed. VIDED. (Distributed) |
| Feb 25 2015 | Brief of respondents American Academy of Pediatrics, et al. filed. VIDED. (Distributed) |
| Feb 25 2015 | Brief of respondents States and Local Governments filed. VIDED. (Distributed) |
| Feb 25 2015 | Brief of respondent Calpine Corporation, Exelon Corporation, National Grid Generation LLC, and Public Service Enterprise Group, Inc. filed. VIDED. (Distributed) |
| Mar 2 2015 | Brief amicus curiae of American Thoracic Society filed. VIDED. (Distributed) |
| Mar 3 2015 | Motion for enlargement of time for oral argument and for divided argument filed by petitioners. VIDED. (Distributed) |
| Mar 3 2015 | Motion for enlargement of time for oral argument and for divided argument filed by Industry, State and Local Government, and Nonprofit respondents. VIDED. |
| Mar 4 2015 | Brief amicus curiae of Constitutional Accountability Center filed. VIDED. (Distributed) |
| Mar 4 2015 | Brief amici curiae of National Congress of American Indians, et al. filed. VIDED. (Distributed) |
| Mar 4 2015 | Brief amici curiae of Experts in Air Pollution Control and Air Quality Regulation filed. VIDED. (Distributed) |
| Mar 4 2015 | Brief amicus curiae of Union of Concerned Scientists filed. VIDED. (Distributed) |
| Mar 4 2015 | Brief amici curiae of Emission Control Companies filed. VIDED. (Distributed) |
| Mar 4 2015 | Brief amicus curiae of The Institute for Policy Integrity at New York University School of Law filed. VIDED. (Distributed) |
| Mar 4 2015 | Brief amici curiae of Health Scientists, Dr. Lynn Goldman, et al. filed. VIDED. (Distributed) |
| Mar 9 2015 | Motion for enlargement of time and divided argument filed by petitioners GRANTED. |
| Mar 9 2015 | Motion for enlargement of time and for divided argument filed by Industry, State and Local Government, and Nonprofit respondents GRANTED. |
| Mar 18 2015 | Reply of petitioners Michigan, et al. filed. VIDED. (Distributed) |
| Mar 18 2015 | Reply of respondents Utility Air Regulatory Group, et al. filed. VIDED. (Distributed) |
| Mar 18 2015 | Reply of respondent National Mining Association filed. VIDED. (Distributed) |
| Mar 25 2015 | Argued. For state petitioners: Aaron D. Lindstrom, Solicitor General, Lansing, Mich. For industry petitioners and respondents in support: F. William Brownell, Washington, D. C. For federal respondents: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D.C. For industry respondents: Paul Smith, Washington, D. C. |
| Mar 26 2015 | Letter from counsel for the federal respondents filed. VIDED (Distributed) |
| Mar 27 2015 | Letter from counsel for the industry respondents filed. VIDED (Distributed) |
| Mar 27 2015 | Joint letter of petitioners filed. VIDED (Distributed) |
| Jun 29 2015 | Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Alito, JJ., joined. Thomas, J., filed a concurring opinion. Kagan, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. |
| Jul 31 2015 | JUDGMENT ISSUED. |
