Supreme Court of the United States · Official docket →
The North American Coal Corporation v. Environmental Protection Agency, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 19-1179 · judgment January 19, 2021
Before the decision, about 4.7× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a D.C. Circuit decision below, and a dissent in the court below (flagged in the petition).
Question presented
In 2015, the EPA promulgated its "Clean Power Plan," which for the first time imposed carbon dioxide emissions limits on existing coal- and gas-fired power plants. The EPA developed those standards based not on any technology that the plants could themselves apply in their operations, but instead on an industrywide system of "generation shifting"-a cap-and-tradestyle regime that effectively required many existing power plants to be shuttered or to scale back while subsidizing renewable energy sources. This Court stayed that rule even before any lower court had reviewed it. And no court ever did review it, because the EPA soon changed course. It repealed the Clean Power Plan, reasoning that the Clean Air Act authorized it only to promulgate standards based on technology actually applicable to a given existing source-not to devise its own national, systemic solution to greenhouse gas emissions. Now, in the whiplash-inducing opinion below, the D.C. Circuit has held that this repeal was arbitrary and capricious, because the Act supposedly does grant the EPA the requisite authority after all. With that background, the question presented is: Whether 42 U.S.C. § 7411(d), which authorizes the EPA to impose standards "for any existing source" based on limits "achievable through the application of the best system of emission reduction" that has been "adequately demonstrated," grants the EPA authority not only to impose standards based on technology and methods that can be applied at and achieved by that existing source, but also allows the agency to develop industry-wide systems like cap-and-trade regimes. Consolidated with 20-1530, 20-1778, and 20-1780 and a total of one hour is allotted for oral argument
Counsel of record
For petitioner
Jacob Moshe Roth
Jones Day
For respondent
Beth Susan Brinkmann
Covington & Burling LLP
Argument & decision
Argued February 28, 2022 — Lindsay S. See · Jacob M. Roth · Elizabeth B. Prelogar · Beth S. Br.... Audio and transcript
Decided June 30, 2022. Opinion by Roberts, C.J..
Proceedings
- Aug 01 2022JUDGMENT ISSUED
- Jun 30 2022Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Alito, J., joined. Kagan, J., filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined. VIDED.
- Feb 28 2022Argued. For state petitioners: Lindsay S. See, Solicitor General, Charleston, W. Va. For private petitioners: Jacob M. Roth, Washington, D. C. For federal respondents: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For power company respondents: Beth S. Brinkmann, Washington, D. C. VIDED.
- Jan 18 2022CIRCULATED
- Dec 23 2021The record from the U.S.C.A. District of Columbia Circuit is electronic and located on Pacer. The oral argument transcript has been electronically filed.
- Dec 21 2021Record requested from the U.S.C.A. District of Columbia Circuit.
- Dec 17 2021ARGUMENT SET FOR Monday, February 28, 2022. VIDED.
- Nov 04 2021Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 20-1530. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-1530. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
- Oct 29 2021Petition GRANTED. The petitions for writs of certiorari in No. 20-1530 and No. 20-1780 are granted. The petition for a writ of certiorari in No. 20-1778 is granted limited to Question 2 presented by the petition. The cases are consolidated, and a total of one hour is allotted for oral argument. The motion of Lignite Energy Council for leave to file a brief as amicus curiae in No. 20-1780 is granted. VIDED.
- Oct 25 2021DISTRIBUTED for Conference of 10/29/2021.
- Oct 12 2021DISTRIBUTED for Conference of 10/15/2021.
- Oct 04 2021DISTRIBUTED for Conference of 10/8/2021.
- Aug 25 2021DISTRIBUTED for Conference of 9/27/2021.
- Aug 24 2021Reply of petitioner The North American Coal Corporation filed. (Distributed)
- Aug 05 2021Brief of respondents Consolidated Edison, Inc., Exelon Corporation, National Grid USA, New York Power Authority, Power Companies Climate Coalition, and Sacramento Municipal Utility District in opposition filed. VIDED.
- Aug 05 2021Brief of respondents Non-Governmental Organization and Trade Association Respondents in opposition filed. VIDED.
- Aug 05 2021Brief of respondents U.S. Environmental Protection Agency and Michael Regan, Administrator of the U.S. Environmental Protection Agency in opposition filed. VIDED.
- Aug 05 2021Brief of respondents States and Municipalities in opposition filed. VIDED.
- Jun 28 2021Motion to extend the time to file a response is granted and the time is further extended to and including August 5, 2021, for all respondents.
- Jun 25 2021Motion to extend the time to file a response from July 6, 2021 to August 5, 2021, submitted to The Clerk.
- Jun 03 2021Brief amicus curiae of New England Legal Foundation filed.
- May 28 2021Motion to extend the time to file a response is granted and the time is extended to and including July 6, 2021, for all respondents.
- May 27 2021Motion to extend the time to file a response from June 3, 2021 to July 6, 2021, submitted to The Clerk.
- May 24 2021Blanket Consent filed by Petitioner, The North American Coal Corporation
- Apr 30 2021Petition for a writ of certiorari filed. (Response due June 3, 2021)