No. 18-629

Jack Cody v. California Air Resources Board, et al.

Lower Court: California
Docketed: 2018-11-14
Status: Denied
Type: Paid
Response Waived
Tags: clean-air-act concurrent-jurisdiction constitutional-challenge constitutional-review environmental-regulation federal-constitutional-defense federal-preemption judicial-review state-court-jurisdiction state-environmental-regulation statutory-interpretation
Latest Conference: 2019-01-04
Related Cases: 18-666 (Vide)
Question Presented (from Petition)

In this case of first impression before this Court, does the CAA withdraw concurrent state court jurisdiction to adjudicate the constitutionality of state regulations, where 42 U.S.C. § 7607(b)(1) is altogether silent on the subject of state court jurisdiction?

Question Presented (AI Summary)

Does the Clean Air Act withdraw concurrent state court jurisdiction to adjudicate the constitutionality of state regulations?

Docket Entries

2019-01-07
Petition DENIED.
2018-12-05
DISTRIBUTED for Conference of 1/4/2019.
2018-11-21
Waiver of right of respondents California Air Resources Board, et al. to respond filed.
2018-11-09
Petition for a writ of certiorari filed. (Response due December 14, 2018)

Attorneys

California Air Resources Board, et al.
Courtney S. CovingtonCalifornia Department of Justice, Office of the Attorney General, Respondent
Jack Cody
Daniel Eric CohenThe Cullen Law Firm, PLLC, Petitioner