No. 22O156
 
Title: New York, Plaintiff
v.
New Jersey
Docketed: March 14, 2022
Lower Ct:
 
Proceedings and Orders
Mar 14 2022 Motion for leave to file a bill of complaint filed.
Motion for Leave to File a Bill of Complaint Certificate of Word Count Proof of Service
Mar 14 2022 Motions for preliminary relief and for expedited consideration of the motion for preliminary relief filed by plaintiff New York.
Main Document Proof of Service Other
Mar 21 2022 Opposition to motion for preliminary relief filed by defendant New Jersey.
Main Document Other Proof of Service
Mar 23 2022 Reply filed by plaintiff New York.
Main Document Certificate of Word Count Proof of Service
Mar 24 2022 The motion for preliminary relief is granted. New Jersey is hereby enjoined from enforcing Chapter 324 or taking action to withdraw unilaterally from the Compact or terminate the Commission pending disposition of the motion for leave to file a bill of complaint and, if granted, disposition of the case.
May 13 2022 Brief in response filed by defendant New Jersey.
Main Document Proof of Service Certificate of Word Count
May 13 2022 Joint motion for leave to file cross-motions for judgment on the pleadings filed.
Main Document Proof of Service
May 23 2022 Reply filed by plaintiff New York.
Main Document Certificate of Word Count Proof of Service
May 31 2022 DISTRIBUTED for Conference of 6/16/2022.
Jun 21 2022 Motion for leave to file a bill of complaint GRANTED. Joint motion for leave to file cross-motions for judgment on the pleadings GRANTED. New Jersey is allowed until August 22, 2022 to file an answer and motion for judgment on the pleadings; New York’s opposition and cross-motion for judgment on the pleadings is due on or before October 21, 2022; New Jersey’s response to New York’s cross-motion and reply in support of its motion is due on or before November 7, 2022; and New York’s reply in support of its cross-motion is due on or before November 22, 2022.
Aug 22 2022 Answer of defendant New Jersey filed.
Main Document Proof of Service
Aug 22 2022 Brief in support of defendant New Jersey’s motion for judgment on the pleadings not accepted for filing. (Corrected version submitted) (August 25, 2022)
Aug 22 2022 Motion for judgment on the pleadings of defendant New Jersey not accepted for filing. (Corrected version submitted) (August 25, 2022)
Aug 22 2022 Motion for judgment on the pleadings of defendant New Jersey filed.
Main Document Proof of Service Other
Aug 29 2022 Brief amicus curiae of United States filed.
Certificate of Word Count Main Document
Aug 29 2022 Brief amicus curiae of Texas, et al. filed.
Main Document Certificate of Word Count Proof of Service
Aug 29 2022 Brief amicus curiae of Metropolitan Marine Maintenance Contractors' Association filed.
Main Document Certificate of Word Count Proof of Service
Aug 29 2022 Brief amicus curiae of law professors Janice Griffith, David Horton and Christopher Serkin filed.
Main Document Certificate of Word Count Proof of Service
Aug 29 2022 Brief amicus curiae of port businesses and other entities filed.
Main Document Certificate of Word Count Proof of Service
Oct 21 2022 Motion for judgment on the pleadings and opposition to defendant New Jersey's motion for judgment on the pleadings filed by plaintiff New York.
Main Document Other Proof of Service
Oct 28 2022 Brief amicus curiae of Oregon filed.
Main Document Proof of Service Certificate of Word Count
Oct 28 2022 Brief amicus curiae of compact entities filed.
Main Document Certificate of Word Count Proof of Service
Oct 28 2022 Brief amicus curiae of professors Jeffrey B. Litwak, et al. filed.
Main Document Certificate of Word Count Proof of Service
Oct 28 2022 Motion for leave to file amicus brief filed by Waterfront Commission of New York Harbor.
Main Document Certificate of Word Count Proof of Service
Oct 28 2022 Motion for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed by the Solicitor General.
Main Document Proof of Service
Nov 07 2022 Opposition to New York's motion for judgment on the pleadings and reply in support of motion for judgment on the pleadings filed by defendant New Jersey.
Main Document Proof of Service Other
Nov 22 2022 DISTRIBUTED for Conference of 12/9/2022..
Nov 22 2022 Reply in support of motion for judgment on the pleadings filed by plaintiff New York. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 12 2022 The cross-motions for judgment on the pleadings are set for oral argument in due course.
Dec 12 2022 Motion for leave to file amicus brief filed by Waterfront Commission of New York Harbor GRANTED.
Dec 19 2022 SET FOR ARGUMENT on Monday, February 27, 2023.
Jan 17 2023 CIRCULATED
Jan 26 2023 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Feb 16 2023 RESCHEDULED ARGUMENT SET for Wednesday, March 1, 2023.
Mar 01 2023 Argued. For plaintiff: Judith N. Vale, Deputy Solicitor General, New York, N. Y. For defendant: Jeremy M. Feigenbaum, Solicitor General, Trenton, N. J.; and Austin Raynor, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Apr 18 2023 New Jersey's motion for judgment on the pleadings GRANTED; New York's cross-motion for judgment on the pleadings DENIED. Kavanaugh, J., delivered the opinion for a unanimous Court.
Attorneys
Attorneys for Petitioner
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: New York


Judith Naomi Vale
Office of the New York Attorney General
28 Liberty Street, 23rd Floor
New York, NY 10005

judith.vale@ag.ny.gov
Ph: (212) 416-6274
Party name: New York


Attorneys for Respondents
Jeremy Michael Feigenbaum
Counsel of Record
Office of the New Jersey Attorney General
25 Market Street
P.O. Box 080
Trenton, NJ 08625

jeremy.feigenbaum@njoag.gov
Ph: 6094140197
Party name: New Jersey


Other Attorneys
Jaynee LaVecchia
Counsel of Record
McCarter & English, LLP
Four Gateway Center
100 Mulberry Street
Newark, NJ 07102

Jlavecchia@mccarter.com
Ph: (973) 848-8300
Party name: Law Professors


Ari Matthew Boxer
Counsel of Record
Lowenstein Sandler LLP
One Lowenstein Drive
Roseland, NJ 07068

mboxer@lowenstein.com
Ph: 973-597-2500
Party name: Port Businesses and Other Entities


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

SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: United States


Judd Edward Stone II
Counsel of Record
Texas Attorney General's Office
P.O. Box 12548 (MC 059)
Austin, TX 78711-2548

judd.stone@oag.texas.gov
Ph: 512-936-1700
Party name: The States of Texas, Alaska, Louisiana, Montana, Nevada, South Carolina, Utah, and Virginia


Stephen Blake Kinnaird
Counsel of Record
Paul Hastings LLP
2050 M Street, N.W.
Washington, DC 20036

stephenkinnaird@paulhastings.com
Ph: 202-551-1842
Party name: Metropolitan Marine Maintenance Contractors' Association


Matthew Steven Tripolitsiotis
Counsel of Record
Boies Schiller Flexner LLP
333 Main Street
Armonk, NY 10504

mtripolitsiotis@bsfllp.com
Ph: (914)749-8364
Party name: Compact Entities


Seth P. Waxman
Counsel of Record
Wilmer Cutler Pickering Hale and Dorr LLP
2100 Pennsylvania Ave, NW
Washington, DC 20037

SETH.WAXMAN@WILMERHALE.COM
Ph: 202-663-6800
Party name: Waterfront Commission of New York Harbor


Benjamin Noah Gutman
Counsel of Record
Oregon Department of Justice
1162 Court Street NE
Salem, OR 97301

benjamin.gutman@doj.state.or.us
Ph: 503-378-4402
Party name: State of Oregon


Scott Andrew Eisman
Counsel of Record
Freshfields Bruckhaus Deringer US LLP
601 Lexington Avenue
31st Floor
New York, NY 10022

scott.eisman@freshfields.com
Ph: 212-277-4000
Party name: Professors Jeffrey B. Litwak et al.