Supreme Court of the United States · Official docket →
Ronald Clark Fleshman, Jr. v. Volkswagen, AG, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-17157, 16-17158, 16-17166, 16-17168, 16-17183, 16-17185 · judgment July 9, 2018
Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Ninth Circuit decision below, and counsel who has filed here before.
Questions presented
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Can the Environmental Protection Agency revise clear statutory terms of the Clean Air Act to allow the importation, sale, and use of motor vehicles with “defeat devices” when Congress expressly prohibited the same in enacting section 203 of the Clean Air Act, 42 U.S.C. § 7522?
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Can the Environmental Protection Agency revise clear statutory terms of the State Implementation Plans of seventeen States to allow the use of motor vehicles with “defeat devices?”
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Can a citizen intervene under 42 U.S.C. § 7604 or Federal Rule of Civil Procedure 24 when the Environmental Protection Agency refuses to enforce the Clean Air Act and the emissions standards and limitations found in 42 U.S.C. § 7522?
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Was it an abuse of discretion for the District Court, as affirmed by the Ninth Circuit Court of Appeals, to approve a class action settlement condoning illegal activity by allowing 487,500 clandestinely imported vehicles to remain in the United States in violation of 42 U.S.C. § 7522(a)(1) and (b)(2), 19 U.S.C. § 1595a (c)(1)(A), and to remain in use in violation of the Clean Air Act and the State Implementation Plans of 17 States?
Counsel of record
For petitioner
Elwood Earl Sanders Jr.
Attorney at Law
For respondent
Elizabeth J. Cabraser
Lieff, Cabraser, et al.
Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Linked docket
18A759
Order
Order list, May 28, 2019 · Certiorari denied
Proceedings
- May 28 2019Petition DENIED. Justice Breyer took no part in the consideration or decision of this petition.
- May 07 2019DISTRIBUTED for Conference of 5/23/2019.
- Apr 11 2019Waiver of right of respondents Jason Hill, et al. to respond filed.
- Apr 09 2019Waiver of right of respondents Volkswagen AG; AUDI AG; Volkswagen Group of America, Inc.; Volkswagen Group of America Chattanooga Operations, LLC to respond filed.
- Mar 28 2019Petition for a writ of certiorari filed. (Response due May 2, 2019)
- Jan 23 2019Application (18A759) granted by Justice Kagan extending the time to file until March 28, 2019.
- Jan 18 2019Application (18A759) to extend the time to file a petition for a writ of certiorari from January 27, 2019 to March 28, 2019, submitted to Justice Kagan.