Kinder Morgan v. Environmental Protection Agency

Emergency application for stay

Consolidated with:

Docket No.	Argument	Opinion	Vote	Author	Term
23a350	TBD	TBD	TBD	TBD	OT 2023

Issue: Whether the Supreme Court should stay the Environmental Protection Agency"s "Good Neighbor Plan" as it applies to engines used for pipeline transportation of natural gas.

SCOTUSblog Coverage

Supreme Court likely to block EPA ozone regulation (Amy Howe, February 21, 2024)
Court to hear argument in appeals to halt Good Neighbor ozone regulation (Amy Howe, February 20, 2024)
Court schedules February argument session (Amy Howe, January 5, 2024)
February oral argument scheduled for "good neighbor" pollution rule challenges (Amy Howe, December 20, 2023)

Date	Proceedings and Orders (key to color coding)
10/13/2023	Application (23A350) for a stay, submitted to The Chief Justice.
10/19/2023	Response to application (23A350) requested by The Chief Justice, due by 4 p.m. (EDT) on October 30, 2023.
10/20/2023	Brief amicus curiae of Energy Infrastructure Council filed.
10/30/2023	Response to application from respondent New York, Connecticut, Delaware, Illinois, Maryland, Massachusetts, New Jersey, Pennsylvania, and Wisconsin, and District of Columbia, City of New York, and Harris County,TX filed.
10/30/2023	Response to application from respondent Public Interest Respondents filed.
10/30/2023	Response to application from respondent Environmental Protection Agency, et al. filed.
11/01/2023	Reply of applicant Kinder Morgan, Inc., et al. filed.
12/20/2023	Application (23A350) referred to the Court.
12/20/2023	Consideration of the applications for stay (23A349, 23A350, 23A351, and 23A384) presented to The Chief Justice and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of 1 hour is allotted for oral argument. The applications will be set for argument in the February 2024 argument session. Arguing counsel should be prepared to address, among other issues related to the challenge based on the SIP disapprovals, whether the emissions controls imposed by the Rule are reasonable regardless of the number of States subject to the Rule. VIDED.
01/05/2024	SET FOR ARGUMENT on Wednesday, February 21, 2024. VIDED.
01/05/2024	Record requested from the United States Court of Appeals for the District of Columbia Circuit.
01/08/2024	Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
01/09/2024	Any motion regarding oral argument is due on or before Friday, January 12, 2024. VIDED.
01/09/2024	Motion for divided argument filed by the Solicitor General, et al. VIDED. (Distributed)
01/10/2024	Motion for divided argument filed by applicants. VIDED.
01/22/2024	Motion for divided argument filed by applicants GRANTED. VIDED.
01/22/2024	Motion for divided argument filed by the Solicitor General GRANTED. VIDED.
01/23/2024	Letter of respondents Environmental Protection Agency, et al. notifying the Court of proposed rule filed. VIDED. (Distributed)
02/21/2024	Argued. For state applicants: Mathura J. Sridharan, Deputy Solicitor General, Columbus, Ohio. For industry applicants: Catherine E. Stetson, Washington, D. C. For federal respondents: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For state respondents: Judith N. Vale, Deputy Solicitor General, New York, N. Y. VIDED.
03/28/2024	Letter of respondents EPA, et al. updating Court filed. VIDED. (Distributed)
06/27/2024	Applications for stay (23A349, 23A350, 23A351, and 23A384) granted by the Court. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Kavanaugh, JJ., joined. Barrett, J., filed a dissenting opinion, in which Sotomayor, Kagan, and Jackson, JJ., joined. VIDED.