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Oklahoma v. Environmental Protection Agency

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
23-1067 10th Cir. Mar 25, 2025 TBD TBD TBD OT 2024

Issue: Whether a final action by the Environmental Protection Agency taken pursuant to its Clean Air Act authority with respect to a single state or region may be challenged only in the U.S. Court of Appeals for the District of Columbia Circuit because the agency published the action in the same Federal Register notice as actions affecting other states or regions and claimed to use a consistent analysis for all states.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
03/28/2024Petition for a writ of certiorari filed. (Response due May 1, 2024)
04/23/2024Motion to extend the time to file a response from May 1, 2024 to May 21, 2024, submitted to The Clerk.
04/24/2024Motion to extend the time to file a response is granted and the time is extended to and including May 21, 2024.
05/01/2024Brief amici curiae of Arkansas, et al. filed.
05/01/2024Brief amici curiae of U.S. Senators Mike Lee, et al. filed.
05/21/2024Brief for the Federal Respondents filed. VIDED.
05/22/2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
05/28/2024DISTRIBUTED for Conference of 6/13/2024.
05/29/2024Rescheduled.
05/30/2024Reply of petitioners Oklahoma, et al. filed.
09/11/2024DISTRIBUTED for Conference of 9/30/2024.
10/07/2024DISTRIBUTED for Conference of 10/11/2024.
10/15/2024DISTRIBUTED for Conference of 10/18/2024.
10/21/2024Petition GRANTED. The petition for a writ of certiorari in No. 23-1068 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.
10/21/2024Because 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.”
10/28/2024Motion for an extension of time to file the briefs on the merits filed. VIDED.
10/31/2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' briefs on the merits is extended to and including December 13, 2024. The time to file respondents' brief on the merits is extended to and including January 17, 2025. VIDED.
12/13/2024Brief of petitioners Oklahoma, et al. (as to 23-1067) filed.
12/13/2024Brief of petitioners PacifiCorp, et al. (as to 23-1068) filed.
12/13/2024Joint appendix filed. VIDED. (Statement of costs filed)
12/20/2024Brief amici curiae of U.S. Senator Mike Lee, et al. (as to 23-1067) filed.
12/20/2024Brief amici curiae of Arkansas, et al. filed. VIDED.
12/20/2024Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed. VIDED.
01/17/2025Brief of respondents EPA, et al. filed. VIDED.
01/24/2025Motion to hold the briefing schedule in abeyance filed by respondents EPA, et al. VIDED. (Distributed)
01/24/2025Brief amici curiae of New York, et al. filed. VIDED.
01/24/2025Brief amici curiae of Jonathan Cannon, et al. filed. VIDED.
01/24/2025Motion for divided argument filed by petitioners. VIDED.
01/27/2025Response in opposition to motion to hold the briefing schedule in abeyance from petitioners Oklahoma, et al. filed. (Distributed)
01/28/2025Response in opposition to motion to hold the briefing schedule in abeyance from petitioners PacifiCorp, et al. filed. (Distributed)
02/06/2025Motion of the Acting Solicitor General to hold the briefing schedule in abeyance DENIED. Justice Alito took no part in the consideration or decision of this motion. VIDED.
02/10/2025SET FOR ARGUMENT on Tuesday, March 25, 2025. VIDED.
02/12/2025Record requested from the United States Court of Appeals for the Tenth Circuit.
02/12/2025Record received electronically from the United States Court of Appeals for the Tenth Circuit and available with the Clerk.
02/18/2025Reply of petitioners Oklahoma, et al. filed (as to 23-1067). (Distributed)
02/18/2025Reply of petitioners PacifiCorp, et al. filed (as to 23-1068). (Distributed)
02/19/2025CIRCULATED
02/24/2025Motion for divided argument filed by petitioners GRANTED. Justice Alito took no part in the consideration or decision of this motion. VIDED.
03/25/2025Argued. For petitioners in 23-1067: Mithun Mansinghani, Oklahoma City, Okla. For petitioners in 23-1068: Misha Tseytlin, Chicago, Ill. For respondents: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.
03/28/2025Letter Notifying of Fifth Circuit Opinion of Oklahoma, et al. submitted.