No. 23-975
Seven County Infrastructure Coalition, et al. v. Eagle County, Colorado, et al.
Tags: administrative-law agency-discretion circuit-split environmental-review limited-statutory-authority national-environmental-policy-act public-citizen regulatory-authority
Latest Conference:
2024-06-20
(distributed 2 times)
Question Presented (from Petition)
Whether the National Environmental Policy Act
requires an agency to study environmental impacts beyond the proximate effects of the action over which
the agency has regulatory authority.
Question Presented (AI Summary)
Whether the National Environmental Policy Act requires an agency to study environmental impacts beyond the proximate effects of the action over which the agency has regulatory authority
Docket Entries
2025-06-30
Judgment Issued.
2025-05-29
Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Barrett, JJ., joined. Sotomayor, J., filed an opinion concurring in the judgment, in which Kagan and Jackson, JJ., joined. Gorsuch, J., took no part in the consideration or decision of the case.
2025-01-24
letter of United States submitted.
2025-01-24
Letter of the Acting Solicitor General filed. (Distributed)
2024-12-10
Argued. For petitioners: Paul D. Clement, Alexandria, Va. For federal respondents supporting petitioners: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents Eagle County, et al.: William M. Jay, Washington, D. C.
2024-12-04
Letter from Clerk of Court to counsel of record noting that Justice Gorsuch will not continue to participate in this case.
2024-11-18
Reply of petitioners Seven County Infrastructure Coalition, et al. filed. (Distributed)
2024-11-18
Reply of respondents United States filed. (Distributed)
2024-11-18
Reply of federal respondents supporting petitioners filed. (Distributed)
2024-11-12
Motion for divided argument filed by the Solicitor General GRANTED.
2024-11-12
Motion for divided argument filed by respondents DENIED.
2024-10-31
Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
2024-10-25
Brief amici curiae of Former Senior Federal Officials: et al. filed. (Distributed)
2024-10-25
Brief amicus curiae of Constitutional Accountability Center in support of non-federal respondents filed. (Distributed)
2024-10-25
Brief amicus curiae of The Institute for Policy Integrity at New York University School of Law filed. (Distributed)
2024-10-25
Brief amici curiae of State of Colorado, et al. filed. (Distributed)
2024-10-25
Brief amicus curiae of Howard University School of Law Civil Rights Clinic filed. (Distributed)
2024-10-25
Brief amici curiae of Colorado Communities filed. (Distributed)
2024-10-25
Brief amici curiae of Former Council on Environmental Quality Officials filed. (Distributed)
2024-10-25
Motion of Eagle County, Colorado for divided argument submitted.
2024-10-25
Motion of United States for divided argument submitted.
2024-10-25
Brief amici curiae of Former Senior Federal Officials, et al. filed. (Distributed)
2024-10-25
Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
2024-10-25
Brief amici curiae of 30 Members of the U.S. House and Senate filed. (Nov. 5, 2024) (Distributed)
2024-10-25
Motion of the Solicitor General for divided argument filed.
2024-10-25
Motion for divided argument filed by respondents.
2024-10-23
Record requested from the United States Court of Appeals for the District of Columbia Circuit.
2024-10-22
CIRCULATED
2024-10-18
SET FOR ARGUMENT on Tuesday, December 10, 2024.
2024-10-18
Brief of respondent Eagle County, Colorado filed. (Distributed)
2024-10-18
Brief of respondents Center for Biological Diversity, et al. filed. (Distributed)
2024-09-04
Amicus brief of American Planning Association submitted.
2024-09-04
Amicus brief of Energy Transfer LP submitted.
2024-09-04
Amicus brief of NACCO Natural Resources Corporation submitted.
2024-09-04
Amicus brief of Property and Environment Research Center submitted.
2024-09-04
Amicus brief of The Chamber of Commerce of The United States of America and Nine Other Business Trade Associations submitted.
2024-09-04
Amicus brief of Americans for Prosperity Foundation and the Competitive Enterprise Institute submitted.
2024-09-04
Amicus brief of Anschutz Exploration Corporation submitted.
2024-09-04
Amicus brief of American Petroleum Institute, National Association of Home Builders of the United States, National Association of Manufacturers, National Mining Association, National Rural Electric Cooperative Association submitted.
2024-09-04
Amicus brief of The State of Louisiana and 23 other states submitted.
2024-09-04
Amicus brief of NextDecade LNG, LLC submitted.
2024-09-04
Amicus brief of Center for American Liberty submitted.
2024-09-04
Amicus brief of The Center for Environmental Accountability submitted.
2024-09-04
Amicus brief of United States Senators John Barrasso (WY), Ranking Member of the Committee on Energy and Natural Resources; Shelley Moore Capito (WV), Ranking Member of the Committee on Environment and Public Works; Ted Cruz (TX), Ranking Member of the Committee on Commerce, Science, and Transportation; Mike Lee (UT); Mitch McConnell (KY), Minority Leader; and Mitt Romney (UT) submitted.
2024-09-04
Brief amicus curiae of Anschutz Exploration Corporation filed.
2024-09-04
Brief amicus curiae of NACCO Natural Resources Corporation filed.
2024-09-04
Brief amicus curiae of Energy Transfer LP filed.
2024-09-04
Brief amici curiae of The Chamber of Commerce of The United States of America, et al. filed.
2024-09-04
Brief amici curiae of Louisiana, et al. filed.
2024-09-04
Brief amici curiae of Interstate Natural Gas Association of America, et al. filed.
2024-09-04
Brief amici curiae of Law Professors filed.
2024-09-04
Brief amici curiae of American Exploration & Mining Association, et al. filed.
2024-09-04
Brief amicus curiae of The Center for Environmental Accountability filed.
2024-09-04
Brief amicus curiae of Property and Environment Research Center filed.
2024-09-04
Brief amici curiae of Americans for Prosperity Foundation, et al. filed.
2024-09-04
Brief amicus curiae of Utah filed.
2024-09-04
Brief amici curiae of United States Senators John Barrasso (WY), et al. filed.
2024-09-04
Brief amici curiae of American Forest Resource Council, et al. filed.
2024-09-04
Brief amicus curiae of NextDecade LNG, LLC filed.
2024-09-04
Brief amicus curiae of Center for American Liberty filed.
2024-09-04
Brief amici curiae of American Petroleum Institute, et al. filed.
2024-09-04
Brief amici curiae of the Chamber of Commerce of United States, et al. filed.
2024-09-04
Brief amicus curiae of American Planning Association in support of neither party filed.
2024-09-04
Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation, et al. filed.
2024-08-30
Brief amicus curiae of Association of American Railroads (Sep. 5, 2024) filed.
2024-08-29
Amicus brief of Association of American Railroads submitted.
2024-08-28
Brief of Seven County Infrastructure Coalition, et al. submitted.
2024-08-28
Joint Appendix submitted.
2024-08-28
Brief of petitioners Seven County Infrastructure Coalition, et al. filed.
2024-08-28
Joint appendix filed.
2024-08-28
Brief of respondent United States filed.
2024-08-28
Joint appendix (2 volumes) filed.
2024-08-28
Brief of federal respondents in support of petitioners filed.
2024-08-28
Joint appendix(Corrected version of Volume I) (Oct. 22, 2024 filed. (Distributed)
2024-08-28
Joint appendix (Corrected version of Volume I) (Oct. 22, 2024 filed. (Distributed)
2024-07-18
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 28, 2024. The time to file respondents' briefs on the merits is extended to and including October 18, 2024.
2024-07-12
Motion of Seven County Infrastructure Coalition, et al. for an extension of time submitted.
2024-07-12
Motion for an extension of time to file the briefs on the merits filed.
2024-06-24
Petition GRANTED.
2024-06-17
DISTRIBUTED for Conference of 6/20/2024.
2024-05-28
DISTRIBUTED for Conference of 6/13/2024.
2024-05-28
Reply of petitioners Seven County Infrastructure Coalition, et al. filed. (Distributed)
2024-05-22
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2024-05-20
Brief of Federal respondents in opposition filed.
2024-05-20
Brief of respondents Eagle County, Colorado, et al. in opposition filed.
2024-04-15
Motion to extend the time to file a response is granted in part and the time is further extended to and including May 20, 2024, for all respondents.
2024-04-12
Response to motion to extend the time to file a response from petitioner filed.
2024-04-10
Motion of respondent Eagle County, CO, et al. to extend the time to file a response from May 6, 2024 to June 5, 2024, submitted to The Clerk.
2024-04-05
Brief amicus curiae of Utah filed.
2024-04-05
Brief amicus curiae of NACCO Natural Resources Corporation filed.
2024-04-05
Brief amicus curiae of American Forest Resource Council filed.
2024-04-05
Brief amici curiae of Utah American Federation of Labor and Congress of Industrial Organizations filed.
2024-04-05
Brief amici curiae of Interstate Natural Gas Association of America, et al. filed.
2024-04-05
Brief amici curiae of TN Ranching Company, et al. filed.
2024-04-04
Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation filed.
2024-03-26
Motion to extend the time to file a response is granted and the time is extended to and including May 6, 2024, for all respondents.
2024-03-25
Motion of the Solicitor General to extend the time to file a response from April 5, 2024 to May 6, 2024, submitted to The Clerk.
2024-03-04
Petition for a writ of certiorari filed. (Response due April 5, 2024)
Attorneys
30 Members of the U.S. House and Senate
American Exploration & Mining Association, et al.
Michael Robert Huston — Perkins Coie LLP, Amicus
American Forest Resource Council
American Petroleum Institute, National Association of Home Builders of the United States, National Association of Manufacturers, National Mining Association, National Rural Electric Cooperative Association
Hadassah Marie Reimer — Holland & Hart LLP, Amicus
American Planning Association
John Michael Baker — Greene Espel, PLLP, Amicus
Americans for Prosperity Foundation and the Competitive Enterprise Institute
Anschutz Exploration Corporation
Kristina Renee Van Bockern — Holland & Hart LLP, Amicus
Association of American Railroads
Daniel Saphire — Association of Amer. Railroads, Amicus
Center for American Liberty
Harmeet Kaur Dhillon — Dhillon Law Group Inc., Amicus
Center for Biological Diversity, Living Rivers, Sierra Club, Utah Physicians for a Healthy Environment, and WildEarth Guardians
Kirti Datla — Earthjustice, Respondent
Edward Breckenridge Zukoski — Center for Biological Diversity, Respondent
Colorado Communities
Constitutional Accountability Center
Eagle County, Colorado
William McGinley Jay — Goodwin Procter, LLP, Respondent
Eagle County, Colorado, et al.
Nathaniel Hemmerick Hunt — Kaplan Kirsch & Rockwell LLP, Respondent
Energy Transfer LP
William S. Scherman — Vinson & Elkins, Amicus
Former Council on Environmental Quality Officials
Sean Hoe Donahue — Donahue, Goldberg & Herzog, Amicus
Former Senior Federal Officials: Sally Jewell, Lynn Scarlett, Gregory Jaczko, Jonathan Jarvis, Dale Hall, Jamie Rappaport Clark, Thomas L. Tidwell, Dave Matsuda, Jo-Ellen Darcy, R. Lyle Laverty, and Jim Furnish
Beth Christine Neitzel — Foley Hoag LLP, Amicus
Howard University School of Law Civil Rights Clinic
Interstate Natural Gas Association of America, et al.
Law Professors
Mario Loyola — Florida International University, Amicus
NACCO Natural Resources Corporation
Charles Turner Wehland — Jones Day, Amicus
NextDecade LNG, LLC
Property and Environment Research Center
Seven County Infrastructure Coalition, et al.
Jay Christopher Johnson — Venable LLP, Petitioner
Paul D. Clement — Clement & Murphy, PLLC, Petitioner
State of Colorado et al.
The Center for Environmental Accountability
The Chamber of Commerce of The United States of America and Nine Other Business Trade Associations
Kyle Douglas Hawkins — Lehotsky Keller Cohn LLP, Amicus
The Institute for Policy Integrity at New York University School of Law
The State of Louisiana and 23 other states
TN Ranching Company, et al.
Karen Budd-Falen — Budd-Falen Law Offices, LLC, Amicus
United States
D. John Sauer — Solicitor General, Respondent
Elizabeth B. Prelogar — Respondent
Sarah M. Harris — Acting Solicitor General, Respondent
United States Senators John Barrasso (WY), Ranking Member of the Committee on Energy and Natural Resources; Shelley Moore Capito (WV), Ranking Member of the Committee on Environment and Public Works; Ted Cruz (TX), Ranking Member of the Committee on Comme
Utah
Utah Federation of Labor and Congress of Industrial Organizations
Frank D. Mylar — Mylar Law, P.C., Amicus
Western States and Tribal Nations Natural Gas Initiative