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North Dakota v. Environmental Protection Agency

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Docket No. Op. Below Argument Opinion Vote Author Term
20-1780 D.C. Cir. Feb 28, 2022
 Jun 30, 2022 6-3 Roberts OT 2021

Holding: Congress did not grant the Environmental Protection Agency in Section 111(d) of the Clean Air Act the authority to devise emissions caps based on the generation shifting approach the agency took in the Clean Power Plan.

Judgment: Reversed and remanded, 6-3, in an opinion by Chief Justice Roberts on June 30, 2022. Justice Gorsuch filed a concurring opinion, in which Justice Alito joined. Justice Kagan filed a dissenting opinion, in which Justices Breyer and Sotomayor joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 18 2021Petition for a writ of certiorari filed. (Response due July 23, 2021)
Jun 28 2021Blanket Consent filed by Petitioner, State of North Dakota
Jul 15 2021Motion to extend the time to file a response from July 23, 2021 to August 5, 2021, submitted to The Clerk.
Jul 16 2021Motion to extend the time to file a response is granted and the time is extended to and including August 5, 2021, for all respondents.
Jul 22 2021Brief amici curiae of South Texas Electric Cooperative, Inc., et al. filed.
Jul 23 2021Motion for leave to file amicus brief filed by Lignite Energy Council.
Aug 05 2021Brief 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 2021Brief of respondents Non-Governmental Organization and Trade Association Respondents in opposition filed. VIDED.
Aug 05 2021Brief of respondents Federal respondents in opposition filed. VIDED.
Aug 05 2021Brief of respondents States and Municipalities in opposition filed. VIDED.
Aug 23 2021Reply of petitioner State of North Dakota filed. (Distributed)
Aug 25 2021DISTRIBUTED for Conference of 9/27/2021.
Oct 04 2021DISTRIBUTED for Conference of 10/8/2021.
Oct 12 2021DISTRIBUTED for Conference of 10/15/2021.
Oct 25 2021DISTRIBUTED for Conference of 10/29/2021.
Oct 29 2021Petition GRANTED. The petitions for writs of certiorari in No. 20-1530 and No. 20-1531 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. VIDED.
Oct 29 2021Motion for leave to file amicus brief filed by Lignite Energy Council GRANTED.
Nov 04 2021Because 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.”
Dec 17 2021ARGUMENT SET FOR Monday, February 28, 2022. VIDED.
Dec 21 2021Record requested from the U.S.C.A. District of Columbia Circuit.
Dec 23 2021The record from the U.S.C.A. District of Columbia Circuit is electronic and located on Pacer. The oral argument transcript has been electronically filed.
Jan 18 2022CIRCULATED
Feb 28 2022Argued. For state petitioners: Lindsay S. See, Solicitor General, Charleston, W. Va. For private petitioners: Jacob M. Roth, Washington, D. C. For federal respondents: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For power company respondents: Beth S. Brinkmann, Washington, D. C. VIDED.
Jun 30 2022Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Alito, J., joined. Kagan, J., filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined. VIDED.
Aug 01 2022JUDGMENT ISSUED