Utility Air Regulatory Group v. Environmental Protection Agency
Linked with:
- Chamber of Commerce of the United States v. Environmental Protection Agency
- Virginia v. Environmental Protection Agency
- American Chemistry Council v. Environmental Protection Agency
- Coalition for Responsible Regulation v. Environmental Protection Agency
- Energy-Intensive Manufacturers Working Group on Greenhouse Gas Regulation v. Environmental Protection Agency
- Southeastern Legal Foundation v. Environmental Protection Agency
- Texas v. Environmental Protection Agency
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-1146 | D.C. Cir. | Feb 24, 2014 | Jun 23, 2014 | 9-0 | Scalia | OT 2013 |
Holding: The Clean Air Act neither compels nor permits the Environmental Protection Agency to adopt an interpretation of the Clean Air Act requiring a stationary source of pollution to obtain a "Prevention of Significant Deterioration" or Title V permit on the sole basis of its potential greenhouse-gas emission. However, EPA reasonably interpreted the Clean Air Act to require sources that would need permits based on their emission of conventional pollutants to comply with "best available control technology" for greenhouse gases.
Judgment: Affirmed in part and reversed in part. on June 23, 2014. Justice Scalia announced the judgement of the Court and delivered an opinion, Parts I and II of which were for the Court. Justice Thomas and Justice Alito joined the opinion as to Parts I, II-A, II-B-1, and Justice Ginsburg, Justice Breyer, Justice Sotomayor and Justice Kagan joined as to Part II-B-2. Justice Breyer filed an opinion concurring in part and dissenting in part, in which Justice Ginsburg, Justice Sotomayor, and Justice Kagan joined. Justice Alito filed an opinion concurring in part and dissenting in part, in which Justice Thomas joined.
SCOTUSblog Coverage
- Opinion analysis: EPA mostly wins, but with criticism (Lyle Denniston, June 23, 2014)
- A view from the Court: Bar admissions, but no blockbusters (Mark Walsh, June 23, 2014)
- Argument recap: Five -- the number that counts (Lyle Denniston, February 24, 2014)
- Argument preview: Curbing greenhouse gases (Lyle Denniston, February 22, 2014)
- Symposium: A climate triptych -- the latest installment of greenhouse gas litigation (Jonathan Massey, February 11, 2014)
- Symposium: Constitutional first principles and the greenhouse gas cases (Howard Nielson, February 10, 2014)
- Symposium: The climate wars return to the Court as a narrower skirmish (Robert Percival, February 6, 2014)
- Symposium: Soft landings and strategic choices (Jody Freeman, February 5, 2014)
- Symposium: Can the EPA really rewrite a statute? Really? (Peter Glaser, February 4, 2014)
- Symposium: The greenhouse gas cases and the importance of deference (Amanda Leiter, February 3, 2014)
- Symposium announcement: Greenhouse gas cases (Kali Borkoski, January 31, 2014)
- Greenhouse gases briefing order (Lyle Denniston, October 29, 2013)
- Analysis: Greenhouse gases case (Lyle Denniston, October 16, 2013)
- Court to rule on greenhouse gases (UPDATE) (Lyle Denniston, October 15, 2013)
- Petition of the day (Mary Pat Dwyer, September 26, 2013)
| Date | Proceedings and Orders |
|---|---|
| 03/20/2013 | Petition for a writ of certiorari filed. (Response due April 22, 2013) |
| 03/20/2013 | Appendix of Utility Air Regulatory Group filed. (Volumes I-III) |
| 04/10/2013 | Brief of respondent National Mining Association in support filed. |
| 04/11/2013 | Order extending time to file response to petition to and including May 22, 2013, for all respondents. |
| 04/19/2013 | Brief amicus curiae of Washington Legal Foundation filed. |
| 05/08/2013 | 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. |
| 05/13/2013 | 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. |
| 05/14/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Federal Respondent. |
| 05/14/2013 | Letter of respondent National Environmental Development Association's Clean Air Project in support of the petitioner received. |
| 05/15/2013 | Order further extending time to file response to petition to and including June 21, 2013, for all respondents. |
| 05/17/2013 | 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. |
| 06/06/2013 | Order further extending time to file response to petition to and including July 22, 2013, for all respondents. |
| 06/07/2013 | Application (12A1181) to file consolidated brief in opposition in excess of word limits, submitted to The Chief Justice. |
| 06/07/2013 | 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. |
| 07/01/2013 | Application (13A35) to file consolidated brief in opposition in excess of word limits, submitted to The Chief Justice. |
| 07/08/2013 | 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. |
| 07/22/2013 | Brief of respondents Environmental Protection Agency in opposition filed. VIDED. |
| 07/22/2013 | Brief of Environmental Organization respondents in opposition filed. VIDED. |
| 07/22/2013 | Brief of respondents New York, et al. in opposition filed. VIDED. |
| 08/06/2013 | Reply of petitioner Utility Air Regulatory Group filed. |
| 08/07/2013 | DISTRIBUTED for Conference of September 30, 2013. |
| 10/07/2013 | DISTRIBUTED for Conference of October 11, 2013. |
| 10/15/2013 | Petition GRANTED limited to the following question: Whether EPA permissibly determined that its regulation of greenhouse gas emissions from new motor vehicles triggered permitting requirements under the Clean Air Act for stationary sources that emit greenhouse gases. The cases are consolidated and a total of one hour is allotted for oral argument. |
| 10/22/2013 | Briefing proposal of the parties. VIDED |
| 10/24/2013 | Letter from Coalition for Responsible Regulation, Inc., et al. regarding briefing proposal. VIDED. |
| 10/29/2013 | Upon consideration of the letter of October 22, 2013, from counsel for petitioners in No. 12-1248 on behalf of the parties, the briefing proposal set out in the letter is adopted with the exception that the briefs of petitioners shall not exceed 45,000 words in aggregate. The briefs of respondents in support of petitioners shall not exceed 6,000 words each. The brief of the Solicitor General shall not exceed 15,000 words. The briefs of other respondents shall not exceed 10,000 words each. Reply briefs shall not exceed 18,000 words in aggregate. VIDED |
| 11/01/2013 | The time to file joint appendix, petitioners' briefs on the merits, and briefs of respondents in support of petitioners is extended to and including December 9, 2013. VIDED |
| 11/01/2013 | The time to file respondents' briefs on the merits is extended to and including January 21, 2014. VIDED |
| 11/01/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the United States Federal Environmental Protection Agency, et al. VIDED. |
| 11/01/2013 | 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. VIDED. |
| 11/07/2013 | Consent to the filing of amicus curiae briefs, In support of either party or of neither party, received from counsel for Texas, et al. VIDED. |
| 11/08/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Southeastern Legal Foundation, Inc., et al. VIDED. |
| 11/08/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Coalition for Responsible Regulation, Inc., et al. VIDED. |
| 11/12/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for American Chemistry Council, et al. VIDED. |
| 11/12/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for New York, California, et al. VIDED. |
| 11/12/2013 | Consent to the filing of amicus curiae briefs, in support of either party or for neither party, received from counsel for Environmental Organizations, Center for Biological Diversity, et al. VIDED. |
| 11/19/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Energy-Intensive Manufacturers Working Group on Greenhouse Gas Regulation, et al. VIDED. |
| 11/21/2013 | Consent to the filing of amicus curiae briefs, in support or either party or of neither party, received from counsel for the Chamber of Commerce of the United States of America, et al. VIDED. |
| 11/25/2013 | SET FOR ARGUMENT ON Monday, February 24, 2014 |
| 12/09/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the National Mining Association. VIDED. |
| 12/09/2013 | Brief of respondents Coalition for Responsible Regulation, Inc., et al. in support of petitioners filed. VIDED. |
| 12/09/2013 | Brief of petitioners American Chemistry Council, et al. filed. VIDED. |
| 12/09/2013 | Brief of petitioners Chamber of Commerce of the United States of America, et al. filed. VIDED. |
| 12/09/2013 | Brief of petitioners Southeastern Legal Foundation, Inc., et al. filed. VIDED. |
| 12/09/2013 | Brief of petitioner Energy-Intensive Manufacturers Working Group on Greenhouse Gas Regulation, et al. filed. VIDED. |
| 12/09/2013 | Brief of petitioners Texas, et al. filed. VIDED. |
| 12/09/2013 | Joint appendix filed (5 volumes). (Statement of costs filed.) VIDED. |
| 12/09/2013 | Brief of petitioner Utility Air Regulatory Group filed. VIDED. |
| 12/12/2013 | Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED. |
| 12/13/2013 | Record received from U.S.C.A. DC Circuit. The record is electronic and located on PACER. |
| 12/16/2013 | Brief amicus curiae of Washington Legal Foundation filed. |
| 12/16/2013 | Brief amici curiae of States of Kansas, et al. filed. VIDED. |
| 12/16/2013 | Brief amicus curiae of Peabody Energy Corporation filed. VIDED. |
| 12/16/2013 | Brief amici curiae of Political Economists Henry N. Butler, et al. filed. VIDED. |
| 12/16/2013 | Brief amici curiae of Economists Thomas C. Schelling, et al. filed. VIDED. |
| 12/16/2013 | Brief amicus curiae of Committee for a Constructive Tomorrow filed. VIDED. |
| 12/16/2013 | Brief amicus curiae of American Civil Rights Union filed. VIDED. |
| 12/16/2013 | Brief amici curiae of Texas Oil & Gas Association, et al. filed. VIDED. |
| 12/16/2013 | Brief amicus curiae of Senator Mitch McConnell and Other Members of the United States Congress filed. VIDED. |
| 12/16/2013 | Brief amicus curiae of Mountain States Legal Foundation filed. VIDED. |
| 12/16/2013 | Brief amici curiae of Five U.S. Senators filed. VIDED. |
| 12/16/2013 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED. |
| 12/16/2013 | Brief amici curiae of State and Local Chambers of Commerce, and Other Business Associations filed. VIDED. |
| 12/16/2013 | Brief amici curiae of Administrative Law Professors, et al. filed. VIDED. (Distributed) |
| 12/16/2013 | Brief amicus curiae of American Road & Transportation Builders Association in support of neither party filed. VIDED. (Distributed) |
| 12/16/2013 | Brief amici curiae Scientists and Economists filed. VIDED. (Distributed) |
| 12/20/2013 | CIRCULATED. |
| 01/06/2014 | Motion for divided argument and enlargement of time for oral argument filed by petitioners. VIDED. |
| 01/21/2014 | Brief of respondent Environmental Protection Agency filed. VIDED. (Distributed) |
| 01/21/2014 | Brief of respondents Environmental Organization respondents filed. VIDED. (Distributed) |
| 01/21/2014 | Brief of respondents New York, et al. filed. VIDED. (Distributed) |
| 01/27/2014 | Motion for divided argument filed by petitioners GRANTED. and the time is divided as follows: 30 minutes for private party petitioners, 15 minutes for state petitioners, and 45 minutes for respondents. |
| 01/27/2014 | Brief amici curiae of South Coast Air Quality Management District, et al. filed. VIDED. (Distributed) |
| 01/27/2014 | Brief amicus curiae of Institute for Policy Integrity at New York University School of Law filed. VIDED. (Distributed) |
| 01/28/2014 | Brief amicus curiae of Calpine Corporation filed. VIDED. (Distributed) |
| 01/28/2014 | Brief amicus curiae of American Thoracic Society filed. VIDED. (Distributed) |
| 01/28/2014 | Brief amicus curiae of Constitutional Accountability Center filed. VIDED. (Distributed) |
| 02/13/2014 | Reply of respondents Coalition for Responsible Regulation, Inc., et al. in support of petitioners filed. VIDED. (Distributed) |
| 02/14/2014 | Reply of petitioners in Nos. 12-1248, 12-1254, 12-1268, and 2-1272 filed. VIDED. (Distributed) |
| 02/14/2014 | Reply of petitioners Texas, et al. filed. VIDED. (Distributed) |
| 02/14/2014 | Reply of petitioner Utility Air Regulatory Group filed. VIDED. (Distributed) |
| 02/24/2014 | Argued. For private petitioners: Peter Keisler, Washington, D. C. For state petitioners: Jonathan F. Mitchell, Solicitor General, Austin, Tex. For respondents: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. |
| 06/23/2014 | Adjudged to be AFFIRMED IN PART, REVERSED IN PART. Scalia, J., announced the judgment of the Court and delivered an opinion, Parts I and II of which were for the Court. Roberts, C. J., and Kennedy, J., joined that opinion in full; Thomas and Alito, JJ., joined as to Parts I, II-A, and II-B-1; and Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined as to Part II-B-2. Breyer, J., filed an opinion concurring in part and dissenting in part, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. Alito, J., filed an opinion concurring in part and dissenting in part, in which Thomas, J., joined. VIDED |
| 07/25/2014 | JUDGMENT ISSUED. |