| No. 19-1039 | |
| Title: | PennEast Pipeline Company, LLC, Petitioner v. New Jersey, et al. |
| Docketed: | February 20, 2020 |
| Linked with 19A836 | |
| Lower Ct: | United States Court of Appeals for the Third Circuit |
| Case Numbers: | (19-1191, 19-1232) |
| Decision Date: | September 10, 2019 |
| Rehearing Denied: | November 5, 2019 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Jan 24 2020 | Application (19A836) to extend the time to file a petition for a writ of certiorari from February 3, 2020 to March 4, 2020, submitted to Justice Alito. |
| Main DocumentLower Court Orders/OpinionsProof of Service | |
| Jan 27 2020 | Application (19A836) granted by Justice Alito extending the time to file until March 4, 2020. |
| Feb 18 2020 | Petition for a writ of certiorari filed. (Response due March 23, 2020) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Mar 09 2020 | Blanket Consent filed by Petitioner, PennEast Pipeline Company, LLC. |
| Blanket Consent | |
| Mar 20 2020 | Brief amicus curiae of Marcellus Shale Coalition and Pennsylvania Independent Oil & Gas Association filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Mar 20 2020 | Brief amicus curiae of Industrial Energy Consumers of America filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Mar 23 2020 | Brief amicus curiae of Columbia Gas Transmission, LLC filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 23 2020 | Brief amici curiae of Pennslvania Manufacturers' Association, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 23 2020 | Brief amici curiae of United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, et al. filed. |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Mar 23 2020 | Waiver of New Jersey Conservation Foundation of right to respond not accepted for filing. (March 24, 2020) |
| Mar 23 2020 | Waiver of right of respondent New Jersey Conservation Foundation to respond filed. |
| Main Document | |
| Mar 23 2020 | Brief amicus curiae of Consumer Energy Alliance filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 23 2020 | Brief amicus curiae of Energy Equipment and Infrastructure Alliance filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 23 2020 | Brief amici curiae of Interstate Natural Gas Association of America, American Gas Association, American Petroleum Institute filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 23 2020 | Brief amici curiae of The Chamber of Commerce of the United States of America and the Pennsylvania Chamber of Business and Industry filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 23 2020 | Waiver of right of respondents State of New Jersey; NJ Department of Envrionmental Protection, et al. to respond filed. |
| Main Document | |
| Apr 01 2020 | DISTRIBUTED for Conference of 4/17/2020. |
| Apr 13 2020 | Response Requested. (Due May 13, 2020) |
| Apr 30 2020 | Motion to extend the time to file a response from May 13, 2020 to June 12, 2020, submitted to The Clerk. |
| Main Document | |
| Apr 30 2020 | Response to motion from petitioner PennEast Pipeline Company, LLC filed. |
| Main Document | |
| May 01 2020 | Motion to extend the time to file a response is granted in part; the time is extended to and including June 2, 2020, for all respondents. |
| Jun 02 2020 | Brief of respondents State of New Jersey; NJ Department of Envrionmental Protection, et al. in opposition filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jun 02 2020 | Waiver of right of respondent New Jersey Conservation Foundation to respond filed. |
| Main DocumentProof of Service | |
| Jun 03 2020 | Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed. |
| Main Document | |
| Jun 09 2020 | DISTRIBUTED for Conference of 6/25/2020. |
| Jun 09 2020 | Reply of petitioners PennEast Pipeline Company, LLC filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 29 2020 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Dec 09 2020 | Brief amicus curiae of United States filed. |
| Proof of ServiceMain Document | |
| Dec 23 2020 | Supplemental brief of respondents State of New Jersey; NJ Department of Envrionmental Protection, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 07 2021 | DISTRIBUTED for Conference of 1/22/2021. |
| Feb 03 2021 | Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Did the Court of Appeals properly exercise jurisdiction over this case? The case will be set for argument in the April 2021 argument session. |
| Feb 05 2021 | Blanket Consent filed by Petitioner, PennEast Pipeline Company, LLC |
| Blanket Consent | |
| Feb 08 2021 | Joint motion to set the briefing schedule filed by the parties. |
| Main Document | |
| Feb 10 2021 | Joint motion to set the briefing schedule GRANTED. Petitioner's brief on the merits will be filed on or before March 1, 2021. Respondents briefs on the merits will be filed on or before March 31, 2021. The reply brief will be filed in compliance with Rule 25.3. |
| Feb 22 2021 | Blanket Consent filed by Respondent, New Jersey Conservation Foundation |
| Blanket Consent | |
| Mar 01 2021 | Brief of petitioner PennEast Pipeline Company, LLC filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 01 2021 | Joint appendix (two volumes) filed. (Statement of cost filed). |
| Main DocumentMain Document | |
| Mar 04 2021 | Blanket Consent filed by Respondent, State of New Jersey; NJ Department of Envrionmental Protection, et al. |
| Blanket Consent | |
| Mar 08 2021 | Brief amici curiae of The Chamber of Commerce of the United States of America and the Pennsylvania Chamber of Business and Industry filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 08 2021 | Brief amicus curiae of Columbia Gas Transmission, LLC filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 08 2021 | Brief amici curiae of United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 08 2021 | Brief amicus curiae of Energy Equipment and Infrastructure Alliance filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 08 2021 | Brief amici curiae of Pennslvania Manufacturers' Association and the New Jersey Business & Industry Association filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Mar 08 2021 | Brief amicus curiae of United States filed. |
| Proof of ServiceMain Document | |
| Mar 08 2021 | Brief amici curiae of Interstate Natural Gas Association of America, American Gas Association, American Petroleum Institute filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 08 2021 | Brief amici curiae of Marcellus Shale Coalition and Pennsylvania Independent Oil & Gas Association filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 12 2021 | SET FOR ARGUMENT on Wednesday, April 28, 2021. |
| Mar 15 2021 | Record requested. |
| Mar 30 2021 | CIRCULATED |
| Mar 31 2021 | Brief of respondent New Jersey Conservation Foundation filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Mar 31 2021 | Brief of respondents New Jersey, et al. filed. (Distributed) |
| Main DocumentProof of ServiceOther | |
| Mar 31 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Proof of ServiceMain Document | |
| Apr 07 2021 | Brief amici curiae of State of Oregon, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 07 2021 | Brief amicus curiae of Institute for Justice filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 07 2021 | Brief amici curiae of The Council of State Governments, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 16 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Apr 16 2021 | Reply of petitioner PennEast Pipeline Company, LLC filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 28 2021 | Argued. For petitioner: Paul D. Clement, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Jeremy M. Feigenbaum, Counsel to the Attorney General, Trenton, N. J. |
| Jun 29 2021 | Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Breyer, Alito, Sotomayor, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas, J., joined. Barrett, J., filed a dissenting opinion, in which Thomas, Kagan, and Gorsuch, JJ., joined. |
| Aug 02 2021 | 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: PennEast Pipeline Company, LLC | ||
| Attorneys for Respondents | ||
| Jeremy Michael Feigenbaum Counsel of Record | Office of the New Jersey Attorney General 25 Market Street P.O. Box 112 Trenton, NJ 08611 jeremy.feigenbaum@njoag.gov | 609-984-3900 |
| Party name: New Jersey, et al. | ||
| Matthew Littleton Counsel of Record | Donahue, Goldberg, Weaver & Littleton 1008 Pennsylvania Ave SE Washington, DC 20003 matt@donahuegoldberg.com | 2026836895 |
| Party name: New Jersey Conservation Foundation | ||
| Jennifer Lynn Danis | Morningside Heights Legal Services 435 W. 116th Street New York, NY 10027 jld2228@columbia.edu | 12013063382 |
| Party name: New Jersey Conservation Foundation | ||
| Edward Lloyd | Morningside Heights Legal Services, Inc. Columbia Law School 435 West 116th Street New York, NY 10027 elloyd@law.columbia.edu | 9734953774 |
| Party name: New Jersey Conservation Foundation | ||
| Other | ||
| Charles Owen Beckley II Counsel of Record | Beckley & Madden, LLC 212 North Third Street, Suite 301 Harrisburg, PA 17101 cbeckley@pa.net | (717) 233-7691 |
| Party name: Pennslvania Manufacturers' Association and the New Jersey Business & Industry Association | ||
| Ellen O. Boardman Counsel of Record | O'Donoghue & O'Donoghue LLP 5301 Wisconsin Ave, NW Suite 800 Washington, DC 20015 eboardman@odonoghuelaw.com | 2023620041 |
| Party name: United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, et al. | ||
| Terry Robert Bossert Counsel of Record | Marcellus Shale Coalition 300 N. 2nd St. Suite 1102 Harrisburg, PA 17101 tbossert@marcelluscoalition.org | 717-603-0714 |
| Party name: Marcellus Shale Coalition and Pennsylvania Independent Oil & Gas Association | ||
| Benjamin Noah Gutman Counsel of Record | Oregon Department of Justice 1162 Court Street NE Salem, OR 97301 benjamin.gutman@doj.state.or.us | 503-378-4402 |
| Party name: State of Oregon, et al. | ||
| Lela M. Hollabaugh Counsel of Record | Bradley Arant Boult Cummings LLP 1600 Division Street Nashville, TN 37203 lhollabaugh@bradley.com | 615-252-2348 |
| Party name: Interstate Natural Gas Association of America, American Gas Association, American Petroleum Institute | ||
| Deanne Elizabeth Maynard Counsel of Record | Morrison & Foerster LLP 2100 L Street, NW Washington, DC 20037 dmaynard@mofo.com | 202-887-8740 |
| Party name: The Chamber of Commerce of the United States of America and the Pennsylvania Chamber of Business and Industry | ||
| Michael Hugh McGinley Counsel of Record | Dechert LLP 1900 K Street, NW Washington, DC 20006 michael.mcginley@dechert.com | 202-261-3378 |
| Party name: Energy Equipment and Infrastructure Alliance | ||
| Robert James McNamara Counsel of Record | Institute for Justice 901 N Glebe Road Suite 900 Arlington, VA 22203 rmcnamara@ij.org | 703-682-9320 |
| Party name: Institute for Justice | ||
| Elizabeth B. Prelogar | Acting 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 | ||
| Hala A. Sandridge Counsel of Record | Buchanan Ingersoll & Rooney PC 401 East Jackson Street Suite 2400 Tampa, FL 33602 hala.sandridge@bipc.com | 8132221127 |
| Party name: Consumer Energy Alliance | ||
| Catherine Emily Stetson Counsel of Record | Hogan Lovells US LLP 555 13th Street, N.W. Washington, DC 20004-1109 cate.stetson@hoganlovells.com | 2026375491 |
| Party name: Columbia Gas Transmission, LLC | ||
| Vivek Vijay Tata Counsel of Record | Selendy & Gay PLLC 1290 Sixth Avenue New York, NY 10104 vtata@selendygay.com | 2123909058 |
| Party name: The Council of State Governments, The National League of Cities, The U.S. Conference of Mayors, The International City/County Management Association, and The International Municipal Lawyers Association | ||
| Kenneth Von Schaumburg Counsel of Record | Clark Hill PLC 1001 Pennsylvania Ave., NW Suite 1300 South Washington, DC 20004 kvonschaumburg@clarkhill.com | (202)403-9604 |
| Party name: Industrial Energy Consumers of America | ||