No. 20-1780
Vide 20-1530, 20-1531, 20-1778
 
Title: North Dakota, 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 Proof of Service Certificate of Word Count
Jun 28 2021 Blanket Consent filed by Petitioner, State of North Dakota
Blanket Consent
Jul 15 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 16 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.
Jul 22 2021 Brief amici curiae of South Texas Electric Cooperative, Inc., et al. filed.
Main Document Certificate of Word Count Proof of Service
Jul 23 2021 Motion for leave to file amicus brief filed by Lignite Energy Council.
Main Document Certificate of Word Count Proof of Service
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 Certificate of Word Count
Aug 23 2021 Reply of petitioner State of North Dakota filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
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. 20-1531 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. VIDED.
Oct 29 2021 Motion for leave to file amicus brief filed by Lignite Energy Council GRANTED.
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 Petitioner
Paul Martin Seby
Counsel of Record
Greenberg Traurig LLP
1144 15th Street
Suite 3300
Denver, CO 80202

sebyp@gtlaw.com
Ph: 303-572-6500
Party name: State of North Dakota


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
Michael John Nasi
Counsel of Record
Jackson Walker L.L.P.
100 Congress Avenue, Suite 1100
Austin, TX 78701

mnasi@jw.com
Ph: 5122362216
Party name: South Texas Electric Cooperative, Inc., et al


Michael John Nasi
Counsel of Record
Jackson Walker L.L.P.
100 Congress Avenue, Suite 1100
Austin, TX 78701

mnasi@jw.com
Ph: 5122362216
Party name: Lignite Energy Council