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PacifiCorp v. Environmental Protection Agency

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Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
23-1068 10th Cir. TBD TBD TBD TBD OT 2024

Issue: Whether the Environmental Protection Agency’s disapproval of a state implementation plan may only be challenged in the U.S. Court of Appeals for the District of Columbia Circuit under 42 U.S.C. § 7607(b)(1) if the agency packages that disapproval with disapprovals of other states’ plans and purports to use a consistent method in evaluating the state-specific determinations in those plans.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 28 2024Petition for a writ of certiorari filed. (Response due May 1, 2024)
Apr 23 2024Motion to extend the time to file a response from May 1, 2024 to May 21, 2024, submitted to The Clerk.
Apr 24 2024Motion to extend the time to file a response is granted and the time is extended to and including May 21, 2024.
May 21 2024Brief for the Federal Respondents filed. VIDED.
May 23 2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
May 28 2024DISTRIBUTED for Conference of 6/13/2024.
May 29 2024Rescheduled.
May 30 2024Reply of petitioners PacifiCorp, et al. filed.
Sep 11 2024DISTRIBUTED for Conference of 9/30/2024.
Oct 07 2024DISTRIBUTED for Conference of 10/11/2024.
Oct 15 2024DISTRIBUTED for Conference of 10/18/2024.
Oct 21 2024Petition 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 2024Because 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.”