No. 24-961

Environmental Protection Agency, et al. v. Kentucky, et al.

Lower Court: Sixth Circuit
Docketed: 2025-03-06
Status: Denied
Type: Paid
Relisted (2) Experienced Counsel
Tags: circuit-jurisdiction clean-air-act environmental-regulation epa-action judicial-review nationwide-scope
Key Terms:
Environmental AdministrativeLaw SocialSecurity ERISA Securities JusticiabilityDoctri
Latest Conference: 2025-06-26 (distributed 2 times)
Question Presented (from Petition)

Whether EPA's disapproval action is subject to review only in the D.C. Circuit under 42 U.S.C. 7607(b)(1), which channels to that court petitions to review EPA final actions that are "nationally applicable" or are "based on a determination of nationwide scope or effect."

Question Presented (AI Summary)

Whether EPA's disapproval action is subject to review only in the D.C. Circuit under 42 U.S.C. 7607(b)(1), which channels to that court petitions to review EPA final actions that are 'nationally applicable' or are 'based on a determination of nationwide scope or effect'

Docket Entries

2025-06-30
Petition DENIED.
2025-06-23
DISTRIBUTED for Conference of 6/26/2025.
2025-05-13
DISTRIBUTED for Conference of 5/29/2025.
2025-05-09
Reply of Environmental Protection Agency, et al. submitted.
2025-05-09
Reply of petitioners Environmental Protection Agency, et al. filed.
2025-04-28
Brief of Commonwealth of Kentucky in opposition submitted.
2025-04-28
Brief of Kentucky Energy and Environmental Cabinet in opposition submitted.
2025-04-28
2025-04-28
Brief of respondent Kentucky Energy and Environmental Cabinet in opposition filed.
2025-04-08
Motion to extend the time to file a response is granted and the time is extended to and including April 28, 2025, for all respondents.
2025-03-28
Motion to extend the time to file a response is granted and the time is extended to and including April 28, 2025.
2025-03-28
Motion of the Kentucky Energy and Environment Cabinet to extend the time to file a response from April 7, 2025 to April 28, 2025, submitted to The Clerk.
2025-03-27
Motion of Commonwealth of Kentucky for an extension of time submitted.
2025-03-27
Motion to extend the time to file a response from April 7, 2025 to April 28, 2025, submitted to The Clerk.
2025-03-06
Petition for a writ of certiorari filed. (Response due April 7, 2025)

Attorneys

Commonwealth of Kentucky
Matthew Franklin KuhnOffice of Attorney General of Kentucky, Respondent
Environmental Protection Agency, et al.
D. John SauerSolicitor General, Petitioner
Sarah M. HarrisActing Solicitor General, Petitioner
Kentucky Energy and Environmental Cabinet
Daniel C. ClevelandKentucky Department of Environmental Protection, Respondent
Sarah Elizabeth NobleKentucky Energy & Environment Cabinet, Respondent