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American Fuel & Petrochemical Manufacturers, et al. v. Jane O’Keeffe, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-35834 · judgment September 7, 2018

Certiorari denied · May 13, 2019
Pre-decision estimate: 6% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

  1. Whether the Oregon Fuel Program—which restricts transportation fuel imports based upon a “life-cycle analysis” that regulates the manner in which the fuels are produced and transported in interstate and foreign commerce—is an impermissible extraterritorial regulation that violates the United States Constitution.

  2. Whether the Oregon Fuel Program—which is designed to require and has the effect of requiring outof-state competitors to subsidize in-state producers— violates the Commerce Clause. (i)

Counsel of record

For petitioner
Paul J. Zidlicky
Sidley Austin LLP

For respondent
Amanda W. Goodin
Earthjustice

Case

Conference history
Distributed for 1 conference

Amicus briefs
5 cert-stage

Linked docket
18A518

Proceedings

  1. May 13 2019
    Petition DENIED.
  2. Apr 23 2019
    DISTRIBUTED for Conference of 5/9/2019.
  3. Apr 22 2019
    Reply of petitioners American Fuel & Petrochemical Manufacturers, et al. filed.
  4. Apr 09 2019
    Waiver of right of respondents Oregon Environmental Council, et al. to respond filed.
  5. Apr 08 2019
    Waiver of right of respondent California Air Resources Board to respond filed.
  6. Apr 05 2019
    Brief of Oregon respondents and the State of Washington in opposition filed.
  7. Mar 05 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including April 10, 2019, for all respondents.
  8. Feb 28 2019
    Motion to extend the time to file a response from March 11, 2019 to April 10, 2019, submitted to The Clerk.
  9. Feb 08 2019
    Brief amici curiae of States of Indiana, et al. filed.
  10. Feb 08 2019
    Brief amici curiae of Western States Petroleum Association, et al. filed.
  11. Feb 08 2019
    Brief amici curiae of Law Professors filed.
  12. Feb 08 2019
    Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
  13. Feb 08 2019
    Brief amici curiae of Pacific Legal Foundation, et al. filed.
  14. Jan 31 2019
    Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2019, for all respondents.
  15. Jan 28 2019
    Motion to extend the time to file a response from February 8, 2019 to March 11, 2019, submitted to The Clerk.
  16. Jan 28 2019
    Blanket Consent filed by Respondent, Jane O'Keeffe, et al.(collectively, "the Oregon respondents").
  17. Jan 25 2019
    Blanket Consent filed by Petitioners, American Fuel & Petrochemical Manufacturers, et al..
  18. Jan 07 2019
    Petition for a writ of certiorari filed. (Response due February 8, 2019)
  19. Nov 15 2018
    Application (18A518) to extend the time to file a petition for a writ of certiorari from December 6, 2018 to January 7, 2019, submitted to Justice Kagan.
    Main DocumentLower Court Orders/OpinionsProof of Service
  20. Nov 15 2018
    Application (18A518) granted by Justice Kagan extending the time to file until January 7, 2019.