No. 22-1246
Edison Electric Institute, et al. v. Federal Energy Regulatory Commission, et al.
Tags: administrative-law chevron-deference energy-regulation federal-energy-regulatory-commission megawatts power-generation power-production-capacity qualifying-facility solar-energy-project statutory-interpretation
Latest Conference:
2024-07-01
(distributed 2 times)
Question Presented (from Petition)
1. Whether "power production capacity" refers to a facility's maximum net output to the grid at any one time, or whether that term instead refers to the maximum amount of power that a facility can create.
2. Whether this Court should reconsider how and when Chevron should apply, or at least clarify that courts must exhaust normal statutory-interpretation tools before concluding that a statute is "ambiguous" at Chevron step one.
Question Presented (AI Summary)
Whether 'power production capacity' refers to a facility's maximum net output to the grid at any one time, or whether that term instead refers to the maximum amount of power that a facility can create
Docket Entries
2024-08-05
Judgment Issued.
2024-07-02
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Loper Bright Enterprises v. Raimondo, 603 U. S. ___ (2024).
2024-06-28
DISTRIBUTED for Conference of 7/1/2024.
2023-10-11
DISTRIBUTED for Conference of 10/27/2023.
2023-10-10
Reply of petitioners Edison Electric Institute, et al. filed. (Distributed)
2023-09-27
Brief of Federal Respondent filed.
2023-09-27
Brief of respondents Broadview Solar LLC, et al. in opposition filed.
2023-08-28
Motion to extend the time to file a response is granted and the time is further extended to and including September 27, 2023.
2023-08-24
Motion to extend the time to file a response from August 28, 2023 to September 27, 2023, submitted to The Clerk.
2023-07-28
Brief amicus curiae of PacifiCorp d/b/a Pacific Power and Rocky Mountain Power filed.
2023-07-19
Motion to extend the time to file a response is granted and the time is extended to and including August 28, 2023.
2023-07-18
Motion to extend the time to file a response from July 28, 2023 to August 28, 2023, submitted to The Clerk.
2023-06-14
Petition for a writ of certiorari filed. (Response due July 28, 2023)
2023-05-05
Application (22A969) granted by The Chief Justice extending the time to file until June 14, 2023.
2023-05-03
Application (22A969) to extend the time to file a petition for a writ of certiorari from May 15, 2023 to June 14, 2023, submitted to The Chief Justice.
Attorneys
Broadview Solar LLC
Robert Mark Loeb — Orrick, Herrington & Sutcliffe LLP, Respondent
Edison Electric Institute, et al.
Jeremy Charles Marwell — Vinson & Elkins LLP, Petitioner
FERC, et al.
Elizabeth B. Prelogar — Solicitor General, Respondent
PacifiCorp d/b/a Pacific Power and Rocky Mountain Power