No. 20-1778
Vide 20-1530, 20-1531, 20-1780
 
Title: Westmoreland Mining Holdings LLC, Petitioner
v.
Environmental Protection Agency, et al.
Docketed: June 23, 2021
Lower Ct: United States Court of Appeals for the District of Columbia Circuit
   Case Numbers: (19-1140, 19-1165, 19-1166, 19-1173, 19-1175, 19-1176, 19-1177, 19-1179, 19-1185, 19-1186, 19-1187, 19-1188)
   Decision Date: January 19, 2021
Questions Presented
 
Proceedings and Orders
Jun 18 2021 Petition for a writ of certiorari filed. (Response due July 23, 2021)
Petition Appendix Certificate of Word Count Proof of Service
Jun 25 2021 Blanket Consent filed by Petitioner, Westmoreland Mining Holdings LLC
Blanket Consent
Jul 22 2021 Motion to extend the time to file a response from July 23, 2021 to August 5, 2021, submitted to The Clerk.
Main Document
Jul 22 2021 Brief amicus curiae of The Cato Institute filed.
Main Document Proof of Service Certificate of Word Count
Jul 23 2021 Motion to extend the time to file a response is granted and the time is 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 Federal respondents in opposition filed. VIDED.
Certificate of Word Count Main Document
Aug 05 2021 Brief of respondents States and Municipalities in opposition filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Aug 24 2021 Reply of petitioner Westmoreland Mining Holdings LLC 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 limited to Question 2 presented by the petition. The petitions for writs of certiorari in No. 20-1530, No. 20-1531, and No. 20-1780 are granted. 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
Andrew Michael Grossman
Counsel of Record
Baker & Hostetler LLP
1050 Connecticut Avenue, N.W.
Suite 1100
Washington, DC 20036

agrossman@bakerlaw.com
Ph: 2028611697
Party name: Westmoreland Mining Holdings LLC


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: Federal respondents


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: States and Municipalities


Other Attorneys
Ilya Shapiro
Counsel of Record
Cato Institute
1000 Massachusetts Ave., NW
Washington, DC 20001

ishapiro@cato.org
Ph: 2028420200
Party name: The Cato Institute