No. 20-1778
Westmoreland Mining Holdings LLC v. Environmental Protection Agency, et al.
Tags: administrative-law agency-authority carbon-emissions clean-air-act clean-power-plan energy-policy environmental-regulation epa hazardous-air-pollutants section-111(d) section-112 statutory-interpretation
Latest Conference:
2021-10-29
(distributed 4 times)
Question Presented (from Petition)
1. Whether EPA may employ 42 U.S.C. § 7411(d) to impose standards of performance on existing stationary sources that are regulated under the "hazardous air pollutants" program of 42 U.S.C. § 7412.
2. Whether 42 U.S.C. § 7411(d) clearly authorizes EPA to decide such matters of vast economic and political significance as whether and how to restructure the nation's energy system.
Question Presented (AI Summary)
Whether EPA may employ 42 U.S.C. § 7411(d) to impose standards of performance on existing stationary sources that are regulated under the 'hazardous air pollutants' program of 42 U.S.C. § 7412
Docket Entries
2022-08-01
JUDGMENT ISSUED
2022-01-18
CIRCULATED
2021-12-23
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.
2021-12-21
Record requested from the U.S.C.A. District of Columbia Circuit.
2021-10-25
DISTRIBUTED for Conference of 10/29/2021.
2021-10-12
DISTRIBUTED for Conference of 10/15/2021.
2021-10-04
DISTRIBUTED for Conference of 10/8/2021.
2021-08-25
DISTRIBUTED for Conference of 9/27/2021.
2021-08-24
Reply of petitioner Westmoreland Mining Holdings LLC filed. (Distributed)
2021-07-23
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.
2021-07-22
Brief amicus curiae of The Cato Institute filed.
2021-07-22
Motion to extend the time to file a response from July 23, 2021 to August 5, 2021, submitted to The Clerk.
2021-06-25
Blanket Consent filed by Petitioner, Westmoreland Mining Holdings LLC
2021-06-18
Petition for a writ of certiorari filed. (Response due July 23, 2021)
Attorneys
Consolidated Edison, Inc., Exelon Corporation, National Grid USA, New York Power Authority, Power Companies Climate Coalition, and Sacramento Municipal Utility District
Beth Susan Brinkmann — Covington & Burling LLP, Respondent
Federal respondents
Elizabeth B. Prelogar — Solicitor General, Respondent
Non-Governmental Organization and Trade Association Respondents
Sean Hoe Donahue — Donahue, Goldberg & Littleton, Respondent
States and Municipalities
Barbara Dale Underwood — Solicitor General, Respondent
The Cato Institute
Ilya Shapiro — Cato Institute, Amicus
Westmoreland Mining Holdings LLC
Andrew Michael Grossman — Baker & Hostetler LLP, Petitioner