| No. 18-1587 Vide 18-1584 | |
| Title: | Atlantic Coast Pipeline, LLC, Petitioner v. Cowpasture River Preservation Association, et al. |
| Docketed: | June 27, 2019 |
| Linked with 18A1181 | |
| Lower Ct: | United States Court of Appeals for the Fourth Circuit |
| Case Numbers: | (18-1144) |
| Decision Date: | December 13, 2018 |
| Rehearing Denied: | February 25, 2019 |
| Questions Presented | |
| Date | Proceedings and Orders |
| May 15 2019 | Application (18A1181) to extend the time to file a petition for a writ of certiorari from May 26, 2019 to June 25, 2019, submitted to The Chief Justice. |
| Main DocumentLower Court Orders/OpinionsProof of Service | |
| May 16 2019 | Application (18A1181) granted by The Chief Justice extending the time to file until June 25, 2019. |
| Jun 25 2019 | Petition for a writ of certiorari filed. (Response due July 29, 2019) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Jul 01 2019 | Motion to extend the time to file a response from July 29, 2019 to August 28, 2019, submitted to The Clerk. |
| Main DocumentProof of Service | |
| Jul 02 2019 | Blanket Consent filed by Petitioner, Atlantic Coast Pipeline, LLC. |
| Blanket Consent | |
| Jul 05 2019 | Motion to extend the time to file a response is granted and the time is extended to and including August 28, 2019. |
| Jul 25 2019 | Brief amici curiae of United Association of Journeymen and Appentices of the Plumbing and Pipe Fitting Industry of The United States and Canada, AFL-CIO, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 26 2019 | Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED. |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Jul 26 2019 | Brief amicus curiae of Mountain Valley Pipeline, LLC filed. VIDED. |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Jul 26 2019 | Brief amici curiae of American Forest Resource Council et al filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 29 2019 | Brief amici curiae of State of West Virginia, et al. filed. |
| Main DocumentCertificate of Word CountCertificate of Word Count | |
| Aug 28 2019 | Brief of respondents Cowpasture River Preservation Association, et al. in opposition filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 11 2019 | DISTRIBUTED for Conference of 10/1/2019. |
| Sep 11 2019 | Reply of petitioner Atlantic Coast Pipeline, LLC filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 04 2019 | Petition GRANTED. The petition for a writ of certiorari in No. 18-1584 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. |
| Oct 04 2019 | Because 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. 18-1584. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 18-1584. 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.” |
| Nov 26 2019 | SET FOR ARGUMENT on Monday, February 24, 2020. VIDED. |
| Jan 09 2020 | Record requested from the U.S.C.A. 4th Circuit. |
| Jan 21 2020 | CIRCULATED |
| Jan 21 2020 | The record from the U.S.C.A. 4th Circuit is electronic and located on PACER. Also received from the 4th Circuit are SEALED documents that's been electronically filed. |
| Feb 24 2020 | Argued. For petitioners in 18-1584: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For petitioner in 18-1587: Paul D. Clement, Washington, D. C. For respondents: Michael K. Kellogg, Washington, D. C. VIDED. |
| Jun 15 2020 | Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito Gorsuch, and Kavanaugh, JJ., joined, and in which Ginsburg, J., joined except as to Part III–B–2. Sotomayor, J., filed a dissenting opinion, in which Kagan, J., joined. VIDED. |
| Jul 17 2020 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Paul D. Clement Counsel of Record | Kirkland & Ellis LLP 1301 Pennsylvania Avenue, NW Washington, DC 20004 paul.clement@kirkland.com | 2023895000 |
| Party name: Atlantic Coast Pipeline, LLC | ||
| Noel J. Francisco Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: united states | ||
| Attorneys for Respondents | ||
| Michael K. Kellogg Counsel of Record | Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. 1615 M Street, NW, Suite 400 Washington, DC 20036 mkellogg@kellogghansen.com | 202-326-7900 |
| Party name: Cowpasture River Preservation Association, et al. | ||
| Other | ||
| Toby Jay Heytens Counsel of Record | Office of the Attorney General 202 North Ninth Street Richmond, VA 23219 SolicitorGeneral@oag.state.va.us | (804) 786-7240 |
| Party name: Commonwealth of Virginia | ||
| Caleb Adam Jaffe Counsel of Record | Environmental and Regulatory Law Clinic University of Virginia School of Law 580 Massie Road Charlottesville, VA 22903 cjaffe@law.virginia.edu | 4349244776 |
| Party name: City of Staunton and Nelson County, Virginia | ||
| Ellen O. Boardman Counsel of Record | O'Donoghue & O'Donoghue 5301 Wisconsin Avenue, NW Suite 800 Washington, DC 20015 eboardman@odonoghuelaw.com | 2023620041 |
| Party name: United Association of Journeymen and Appentices of the Plumbing and Pipe Fitting Industry of The United States and Canada, AFL-CIO, et al. | ||
| John Charles Cruden Counsel of Record | Beveridge & Diamond PC 1350 I Street, NW Suite 700 Washington, DC 20005 jcruden@bdlaw.com | 2027896000 |
| Party name: National Association of Manufacturers, et al. | ||
| Lawson Emmett Fite Counsel of Record | American Forest Resource Council 700 N.E. Multnomah, Ste. 320 Portland, OR 97232 lfite@amforest.org | 5032229505 |
| Party name: American Forest Resource Council et al | ||
| Thomas Christian Jensen Counsel of Record | Perkins Coie LLP 700 Thirteenth Street, NW Suite 600 Washington, DC 20005-3960 tjensen@perkinscoie.com | (703) 304-5211 |
| Party name: Mountain Valley Pipeline, LLC | ||
| Lindsay Sara See Counsel of Record | Office of the West Virginia Attorney General 1900 Kanawha Blvd E, Bldg 1 Rm 26E Charleston, WV 25305 lindsay.s.see@wvago.gov | 3045582021 |
| Party name: State of West Virginia | ||