Ohio v. Environmental Protection Agency

Emergency application for stay is granted.

Consolidated with:

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
23a349	D.C. Cir.	Feb 21, 2024	Jun 27, 2024	5-4	Gorsuch	OT 2023

Holding: The enforcement of the Environmental Protection Agency"s federal implementation plan against the applicant states " whose own state implementation plans were determined by EPA to be inadequate because they failed to adequately address certain obligations under the Good Neighbor Provision " shall be stayed pending disposition of the applicants" petition for review in the U.S. Court of Appeals for the D.C. Circuit and any petition for writ of certiorari, timely sought.

Judgment: Application for stay granted, 5-4, in an opinion by Justice Gorsuch on June 27, 2024. Justice Barrett filed a dissenting opinion, in which Justices Sotomayor, Kagan, and Jackson joined.

SCOTUSblog Coverage

Supreme Court blocks EPAs Good Neighbor air pollution rule (Amy Howe, June 27, 2024)
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 (23A349) for a stay, submitted to The Chief Justice.
10/19/2023	Response to application (23A349) requested by The Chief Justice, due by 4 p.m. (EDT) on October 30, 2023.
10/30/2023	Response to application from respondent EPA 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.
11/01/2023	Reply of applicant Ohio, et al. filed.
12/20/2023	Application (23A349) 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 of the Solicitor General for divided argument filed. VIDED.
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 EPA, 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)
05/01/2024	Letter of respondents of respondents EPA, et al. notifying Court of proposed settlement agreement with Nevada Cement Company, LLC filed. VIDED. (Distributed)
06/27/2024	Applications for stay (23A349, 23A350, 23A351, and 23A384) granted by the Court. Gorsuch, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/23a349new_h3ci.pdf'>opinion</a> 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.