No. 23A350
 
Title: Kinder Morgan, Inc., et al., Applicants
v.
Environmental Protection Agency, et al.
Docketed: October 18, 2023
Lower Ct: United States Court of Appeals for the District of Columbia Circuit
   Case Numbers: (23-1190)
 
Proceedings and Orders
Oct 13 2023 Application (23A350) for a stay, submitted to The Chief Justice.
Main Document Proof of Service
Oct 19 2023 Response to application (23A350) requested by The Chief Justice, due by 4 p.m. (EDT) on October 30, 2023.
Oct 20 2023 Brief amicus curiae of Energy Infrastructure Council filed.
Main Document Proof of Service
Oct 30 2023 Response to application from respondent New York, Connecticut, Delaware, Illinois, Maryland, Massachusetts, New Jersey, Pennsylvania, and Wisconsin, and District of Columbia, City of New York, and Harris County,TX filed.
Main Document Proof of Service
Oct 30 2023 Response to application from respondent Public Interest Respondents filed.
Main Document Proof of Service
Oct 30 2023 Response to application from respondent Environmental Protection Agency, et al. filed.
Proof of Service Main Document
Nov 01 2023 Reply of applicant Kinder Morgan, Inc., et al. filed.
Reply Proof of Service
Dec 20 2023 Application (23A350) referred to the Court.
Dec 20 2023 Consideration of the applications for stay (23A349, 23A350, 23A351, and 23A384) presented to The Chief Justice and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of 1 hour is allotted for oral argument. The applications will be set for argument in the February 2024 argument session. Arguing counsel should be prepared to address, among other issues related to the challenge based on the SIP disapprovals, whether the emissions controls imposed by the Rule are reasonable regardless of the number of States subject to the Rule. VIDED.
Jan 05 2024 SET FOR ARGUMENT on Wednesday, February 21, 2024. VIDED.
Jan 05 2024 Record requested from the United States Court of Appeals for the District of Columbia Circuit.
Jan 08 2024 Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
Jan 09 2024 Any motion regarding oral argument is due on or before Friday, January 12, 2024. VIDED.
Jan 09 2024 Motion for divided argument filed by the Solicitor General, et al. VIDED. (Distributed)
Main Document Proof of Service
Jan 10 2024 Motion for divided argument filed by applicants. VIDED.
Main Document
Jan 22 2024 Motion for divided argument filed by applicants GRANTED. VIDED.
Jan 22 2024 Motion for divided argument filed by the Solicitor General GRANTED. VIDED.
Jan 23 2024 Letter of respondents Environmental Protection Agency, et al. notifying the Court of proposed rule filed. VIDED. (Distributed)
Main Document
Feb 21 2024 Argued. For state applicants: Mathura J. Sridharan, Deputy Solicitor General, Columbus, Ohio. For industry applicants: Catherine E. Stetson, Washington, D. C. For federal respondents: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For state respondents: Judith N. Vale, Deputy Solicitor General, New York, N. Y. VIDED.
Mar 28 2024 Letter of respondents EPA, et al. updating Court filed. VIDED. (Distributed)
Main Document
Jun 27 2024 Applications for stays (23A349, 23A350, 23A351, and 23A384) granted by the Court. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Kavanaugh, JJ., joined. Barrett, J., filed a dissenting opinion, in which Sotomayor, Kagan, and Jackson, JJ., joined. VIDED.
Attorneys
Attorneys for Petitioners
Catherine Emily Stetson
Counsel of Record
Hogan Lovells US LLP
555 13th Street, N.W.
Washington, DC 20004-1109

CATE.STETSON@HOGANLOVELLS.COM
Ph: 2026375491
Party name: Kinder Morgan, Inc., et al.


Attorneys for 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 of New York, Connecticut, Delaware, Illinois, Maryland, Massachusetts, New Jersey, Pennsylvania, and Wisconsin, and District of Columbia, City of New York, and Harris County,TX


Megan Marie Herzog
Counsel of Record
Donahue & Goldberg, LLP
1008 Pennsylvania Avenue SE
Washington, DC 20003

megan@donahuegoldberg.com
Ph: 650-353-8719
Party name: Public Interest 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: Environmental Protection Agency, et al.


Other Attorneys
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: Energy Infrastructure Council