No. 23-1067
Vide 23-1068
 
Title: Oklahoma, et al., Petitioners
v.
Environmental Protection Agency, et al.
Docketed: April 1, 2024
Lower Ct: United States Court of Appeals for the Tenth Circuit
   Case Numbers: (23-9514)
   Decision Date: February 27, 2024
Questions Presented
 
Proceedings and Orders
Mar 28 2024 Petition for a writ of certiorari filed. (Response due May 1, 2024)
Petition Proof of Service Certificate of Word Count
Apr 23 2024 Motion to extend the time to file a response from May 1, 2024 to May 21, 2024, submitted to The Clerk.
Main Document
Apr 24 2024 Motion to extend the time to file a response is granted and the time is extended to and including May 21, 2024.
May 01 2024 Brief amici curiae of Arkansas, et al. filed.
Main Document Certificate of Word Count Proof of Service
May 01 2024 Brief amici curiae of U.S. Senators Mike Lee, et al. filed.
Main Document Certificate of Word Count Proof of Service
May 21 2024 Brief for the Federal Respondents filed. VIDED.
Main Document Proof of Service
May 22 2024 Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
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May 28 2024 DISTRIBUTED for Conference of 6/13/2024.
May 29 2024 Rescheduled.
May 30 2024 Reply of petitioners Oklahoma, et al. filed.
Main Document Proof of Service Certificate of Word Count
Sep 11 2024 DISTRIBUTED for Conference of 9/30/2024.
Oct 07 2024 DISTRIBUTED for Conference of 10/11/2024.
Oct 15 2024 DISTRIBUTED for Conference of 10/18/2024.
Oct 21 2024 Petition GRANTED. The petition for a writ of certiorari in No. 23-1068 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. Justice Alito took no part in the consideration or decision of these petitions. VIDED.
Oct 21 2024 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. 23-1067. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 23-1067. 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.”
Oct 28 2024 Motion for an extension of time to file the briefs on the merits filed. VIDED.
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Oct 31 2024 Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' briefs on the merits is extended to and including December 13, 2024. The time to file respondents' brief on the merits is extended to and including January 17, 2025. VIDED.
Dec 13 2024 Brief of petitioners Oklahoma, et al. (as to 23-1067) filed.
Main Document Proof of Service Certificate of Word Count
Dec 13 2024 Brief of petitioners PacifiCorp, et al. (as to 23-1068) filed.
Main Document Certificate of Word Count Proof of Service
Dec 13 2024 Joint appendix filed. VIDED. (Statement of costs filed)
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Dec 20 2024 Brief amici curiae of U.S. Senator Mike Lee, et al. (as to 23-1067) filed.
Main Document Proof of Service Certificate of Word Count
Dec 20 2024 Brief amici curiae of Arkansas, et al. filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Dec 20 2024 Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Jan 17 2025 Brief of respondents EPA, et al. filed. VIDED.
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Jan 24 2025 Motion to hold the briefing schedule in abeyance filed by respondents EPA, et al. VIDED. (Distributed)
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Jan 24 2025 Brief amici curiae of New York, et al. filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Jan 24 2025 Brief amici curiae of Jonathan Cannon, et al. filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Jan 24 2025 Motion for divided argument filed by petitioners. VIDED.
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Jan 27 2025 Response in opposition to motion to hold the briefing schedule in abeyance from petitioners Oklahoma, et al. filed. (Distributed)
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Jan 28 2025 Response in opposition to motion to hold the briefing schedule in abeyance from petitioners PacifiCorp, et al. filed. (Distributed)
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Feb 06 2025 Motion of the Acting Solicitor General to hold the briefing schedule in abeyance DENIED. Justice Alito took no part in the consideration or decision of this motion. VIDED.
Feb 10 2025 SET FOR ARGUMENT on Tuesday, March 25, 2025. VIDED.
Feb 12 2025 Record requested from the United States Court of Appeals for the Tenth Circuit.
Feb 12 2025 Record received electronically from the United States Court of Appeals for the Tenth Circuit and available with the Clerk.
Feb 18 2025 Reply of petitioners Oklahoma, et al. filed (as to 23-1067). (Distributed)
Main Document Proof of Service Certificate of Word Count
Feb 18 2025 Reply of petitioners PacifiCorp, et al. filed (as to 23-1068). (Distributed)
Main Document Certificate of Word Count Proof of Service
Feb 19 2025 CIRCULATED
Feb 24 2025 Motion for divided argument filed by petitioners GRANTED. Justice Alito took no part in the consideration or decision of this motion. VIDED.
Mar 25 2025 Argued. For petitioners in 23-1067: Mithun Mansinghani, Oklahoma City, Okla. For petitioners in 23-1068: Misha Tseytlin, Chicago, Ill. For respondents: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.
Mar 28 2025 Letter from petitioners in 23-1067 notifying Court of March 25, 2025 decision of the 5th Circuit in cited case, 23-60069, Texas v. EPA, filed (opinion attached).
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Jun 18 2025 Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment, in which Roberts, C. J., joined. Alito, J., took no part in the consideration or decision of the case. VIDED.
Jul 21 2025 Judgment Issued.
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Attorneys
Attorneys for Petitioners
Mithun Mansinghani
Counsel of Record
Lehotsky Keller Cohn LLP
629 W. Main Street
Oklahoma City, OK 73102

mithun@lkcfirm.com
Ph: 5126938350
Party name: Oklahoma, et al.


Stanford Edward Purser
Counsel of Record
Office of Utah Attorney General
160 E. 300 S., 5th floor
Salt Lake City, UT 84111

SPURSER@AGUTAH.GOV
Ph: 385-382-4334
Party name: State of Utah


Misha Tseytlin
Counsel of Record
Troutman Pepper Locke LLP
111 South Wacker Drive
Suite 4100
Chicago, IL 60606

MISHA.TSEYTLIN@TROUTMAN.COM
Ph: 608-999-1240
Party name: PacifiCorp, et al.


Emily Church Schilling
Holland & Hart LLP
222 South Main Street, Suite 2200
Salt Lake City, UT 84101

ecschilling@hollandhart.com
Ph: 2023936500
Party name: State of Utah


Kristina Renee Van Bockern
Holland & Hart LLP
555 17th Street, Suite 3200
Denver, CO 80202

trvanbockern@hollandhart.com
Ph: 303-295-8107
Party name: State of Utah


Attorneys for Respondents
D. John Sauer
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: EPA, et al.


Other Attorneys
Nicholas Jacob Bronni
Counsel of Record
Solicitor General of Arkansas
Arkansas Attorney General's Office
323 Center St., Suite 200
Little Rock, AR 72201

NICHOLAS.BRONNI@ARKANSASAG.GOV
Ph: 501-682-6302
Party name: State of Arkansas, et al.


Jeremy Charles Marwell
Counsel of Record
Vinson & Elkins LLP
2200 Pennsylvania Avenue, NW, Suite 500W
Washington, DC 20037

JMARWELL@VELAW.COM
Ph: 202-639-6507
Party name: Chamber of Commerce of the United States of America


R. Trent McCotter
Counsel of Record
Separation of Powers Clinic, Scalia Law School
3600 John McCormack Rd.
Washington, DC 20064

rmccotter@gmu.edu
Ph: 202-706-5488
Party name: U.S. Senators Mike Lee, Cynthia Lummis, Roger Marshall, and Ted Budd


Matthew Jeffrey Sanders
Counsel of Record
Stanford Law School Environmental Law Clinic
559 Nathan Abbott Way
Stanford, CA 94305

matthewjsanders@stanford.edu
Ph: 650-736-8775
Party name: Former EPA General Counsels Jonathan Cannon, E. Donald Elliott, and Avi Garbow


Deborah A. Sivas
Stanford Law School Enviromental Law Clinic
559 Nathan Abbott Way
Stanford, CA 94305-8610

dsivas@stanford.edu
Ph: 650-724-1900
Party name: Former EPA General Counsels Jonathan Cannon, E. Donald Elliott, and Avi Garbow


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 of New York, Arizona, Connecticut, Delaware, Hawai‘i, Illinois, Maine, Mary¬land, Massachusetts, Michigan, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, and Wisconsin; the District of Columbia; Harris County, Texas; and the City of New York