No. 20-1531
Vide 20-1530, 20-1778, 20-1780
 
Title: The North American Coal Corporation, Petitioner
v.
Environmental Protection Agency, et al.
Docketed: May 4, 2021
Lower Ct: United States Court of Appeals for the District of Columbia Circuit
   Case Numbers: (19-1179)
   Decision Date: January 19, 2021
Questions Presented
 
Proceedings and Orders
Apr 30 2021 Petition for a writ of certiorari filed. (Response due June 3, 2021)
Petition Appendix Certificate of Word Count Proof of Service
May 24 2021 Blanket Consent filed by Petitioner, The North American Coal Corporation
Blanket Consent
May 27 2021 Motion to extend the time to file a response from June 3, 2021 to July 6, 2021, submitted to The Clerk.
Main Document
May 28 2021 Motion to extend the time to file a response is granted and the time is extended to and including July 6, 2021, for all respondents.
Jun 03 2021 Brief amicus curiae of New England Legal Foundation filed.
Main Document Proof of Service Certificate of Word Count
Jun 25 2021 Motion to extend the time to file a response from July 6, 2021 to August 5, 2021, submitted to The Clerk.
Main Document
Jun 28 2021 Motion to extend the time to file a response is granted and the time is further extended to and including August 5, 2021, for all respondents.
Aug 05 2021 Brief 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.
Main Document Proof of Service Certificate of Word Count
Aug 05 2021 Brief of respondents Non-Governmental Organization and Trade Association Respondents in opposition filed. VIDED.
Main Document Proof of Service Certificate of Word Count
Aug 05 2021 Brief of respondents U.S. Environmental Protection Agency and Michael Regan, Administrator of the U.S. Environmental Protection Agency in opposition filed. VIDED.
Main Document Certificate of Word Count
Aug 05 2021 Brief of respondents States and Municipalities in opposition filed. VIDED.
Main Document Certificate of Word Count Certificate of Word Count
Aug 24 2021 Reply of petitioner The North American Coal Corporation filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Aug 25 2021 DISTRIBUTED for Conference of 9/27/2021.
Oct 04 2021 DISTRIBUTED for Conference of 10/8/2021.
Oct 12 2021 DISTRIBUTED for Conference of 10/15/2021.
Oct 25 2021 DISTRIBUTED for Conference of 10/29/2021.
Oct 29 2021 Petition GRANTED. The petitions for writs of certiorari in No. 20-1530 and No. 20-1780 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. The motion of Lignite Energy Council for leave to file a brief as amicus curiae in No. 20-1780 is granted. VIDED.
Nov 04 2021 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. 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 2021 ARGUMENT SET FOR Monday, February 28, 2022. VIDED.
Dec 21 2021 Record requested from the U.S.C.A. District of Columbia Circuit.
Dec 23 2021 The 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 2022 CIRCULATED
Feb 28 2022 Argued. 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 2022 Judgment 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 2022 JUDGMENT ISSUED
Attorneys
Attorneys for Petitioners
Jacob Moshe Roth
Counsel of Record
Jones Day
51 Louisiana Avenue NW
Washington, DC 20001

yroth@jonesday.com
Ph: 202-879-3939
Party name: The North American Coal Corporation


Attorneys for Respondents
Beth Susan Brinkmann
Counsel of Record
Covington & Burling LLP
850 Tenth Street, NW
Washington, DC 20001-4956

bbrinkmann@cov.com
Ph: 202-662-5312
Party name: Consolidated Edison, Inc., Exelon Corporation, National Grid USA, New York Power Authority, Power Companies Climate Coalition, and Sacramento Municipal Utility District


Sean Hoe Donahue
Counsel of Record
Donahue, Goldberg & Littleton
1008 Pennsylvania Avenue, SE
Washington, DC 20003

sean@donahuegoldberg.com
Ph: 2022777085
Party name: Non-Governmental Organization and Trade Association Respondents


Elizabeth B. Prelogar
Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: U.S. Environmental Protection Agency and Michael Regan, Administrator of the U.S. Environmental Protection Agency


Barbara Dale Underwood
Counsel of Record
Solicitor General
Office of the Attorney General
28 Liberty Street
New York, NY 10005-1400

Barbara.underwood@ag.ny.gov
Ph: 212-416-8016
Party name: State of New York, States and Municipalities


Steven Chiajon Wu
New York Office of the Attorney General
28 Liberty Street
New York, NY 10005

steven.wu@ag.ny.gov
Ph: 2124166312
Party name: State of New York


Other Attorneys
John Pagliaro
Counsel of Record
The New England Legal Foundation
150 Lincoln Street
Boston, MA 02111

johnpagliaro@nelfonline.org
Ph: 617-695-3660
Party name: New England Legal Foundation