No. 23-1067
Oklahoma, et al. v. Environmental Protection Agency, et al.
Tags: circuit-split clean-air-act d-c-circuit epa-action epa-authority federal-register judicial-review regional-circuit state-implementation-plan
Key Terms:
Environmental AdministrativeLaw SocialSecurity ERISA
Environmental AdministrativeLaw SocialSecurity ERISA
Latest Conference:
2024-10-18
(distributed 4 times)
Related Cases:
23-1068
(Vide)
Question Presented (from Petition)
Whether a final action by EPA taken pursuant to its Clean Air Act authority with respect to a single state or region may be challenged only in the D.C. Circuit because EPA published the action in the same Federal Register notice as actions affecting other states or regions and claimed to use a consistent analysis for all states.
Question Presented (AI Summary)
Whether a final action by EPA taken pursuant to its Clean Air Act authority with respect to a single state or region may be challenged only in the D.C. Circuit because EPA published the action in the same Federal Register notice as actions affecting other states or regions and claimed to use a consistent analysis for all states
Docket Entries
2025-07-21
Judgment Issued.
2025-03-28
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).
2025-03-28
Letter Notifying of Fifth Circuit Opinion of Oklahoma, et al. submitted.
2025-02-19
CIRCULATED
2025-02-18
Reply of petitioners PacifiCorp, et al. filed (as to 23-1068). (Distributed)
2025-02-18
Reply of petitioners Oklahoma, et al. filed (as to 23-1067). (Distributed)
2025-02-18
Reply of Oklahoma, et al. submitted.
2025-02-18
Reply of PacifiCorp, et al. submitted.
2025-02-12
Record received electronically from the United States Court of Appeals for the Tenth Circuit and available with the Clerk.
2025-02-12
Record requested from the United States Court of Appeals for the Tenth Circuit.
2025-01-28
Response in opposition to motion to hold the briefing schedule in abeyance from petitioners PacifiCorp, et al. filed. (Distributed)
2025-01-28
Response of PacifiCorp, et al. to motion submitted.
2025-01-27
Response in opposition to motion to hold the briefing schedule in abeyance from petitioners Oklahoma, et al. filed. (Distributed)
2025-01-27
Response of Oklahoma, et al. to motion submitted.
2025-01-24
Amicus brief of 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 submitted.
2025-01-24
Motion of PacifiCorp, et al. for divided argument submitted.
2025-01-24
Amicus brief of Former EPA General Counsels Jonathan Cannon, E. Donald Elliott, and Avi Garbow submitted.
2025-01-24
Motion of the Respondents to hold the Briefing Schedule in Abeyance of EPA, et al. submitted.
2025-01-17
Brief for the Federal Respondents of EPA, et al. submitted.
2024-12-20
Brief amici curiae of U.S. Senator Mike Lee, et al. filed.
2024-12-20
Amicus brief of Chamber of Commerce of the United States of America submitted.
2024-12-20
Amicus brief of U.S. Senators Mike Lee, Cynthia Lummis, Roger Marshall, and Ted Budd submitted.
2024-12-20
Amicus brief of State of Arkansas, et al. submitted.
2024-12-20
Brief amici curiae of U.S. Senator Mike Lee, et al. (as to 23-1067) filed.
2024-12-13
Brief of PacifiCorp, et al. submitted.
2024-12-13
Brief of Oklahoma, et al. submitted.
2024-12-13
Joint Appendix submitted.
2024-12-13
Brief of petitioners PacifiCorp, et al.( In 23-1068) filed.
2024-12-13
Brief of petitioners Oklahoma, et al. filed.
2024-12-13
Brief of petitioners Oklahoma, et al. (as to 23-1067) filed.
2024-12-13
Brief of petitioners PacifiCorp, et al. (as to 23-1068) filed.
2024-10-15
DISTRIBUTED for Conference of 10/18/2024.
2024-10-07
DISTRIBUTED for Conference of 10/11/2024.
2024-09-11
DISTRIBUTED for Conference of 9/30/2024.
2024-05-30
Reply of petitioners Oklahoma, et al. filed.
2024-05-29
Rescheduled.
2024-05-28
DISTRIBUTED for Conference of 6/13/2024.
2024-05-22
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2024-05-01
Brief amici curiae of U.S. Senators Mike Lee, et al. filed.
2024-05-01
Brief amici curiae of Arkansas, et al. filed.
2024-04-24
Motion to extend the time to file a response is granted and the time is extended to and including May 21, 2024.
2024-04-23
Motion to extend the time to file a response from May 1, 2024 to May 21, 2024, submitted to The Clerk.
2024-03-28
Petition for a writ of certiorari filed. (Response due May 1, 2024)
Attorneys
Chamber of Commerce of the United States of America
Jeremy Charles Marwell — Vinson & Elkins LLP, Amicus
EPA, et al.
D. John Sauer — Solicitor General, Respondent
Elizabeth B. Prelogar — Respondent
Sarah M. Harris — Acting Solicitor General, Respondent
Former EPA General Counsels Jonathan Cannon, E. Donald Elliott, and Avi Garbow
Oklahoma, et al.
Mithun Mansinghani — Lehotsky Keller Cohn LLP, Petitioner
PacifiCorp, et al.
Misha Tseytlin — Troutman Pepper Hamilton Sanders LLP, Petitioner
State of Arkansas, et al.
State of Utah
Stanford Edward Purser — Office of Utah Attorney General, Petitioner
Emily Church Schilling — Holland & Hart LLP, Petitioner
Kristina Renee Van Bockern — Holland & Hart LLP, Petitioner
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 Cit
Barbara Dale Underwood — Solicitor General, Amicus
U.S. Senators Mike Lee, Cynthia Lummis, Roger Marshall, and Ted Budd