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Suncor Energy (U.S.A.) Inc., et al. v. Board of County Commissioners of Boulder County, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 19-1330 · judgment February 8, 2022


Certiorari denied · April 24, 2023
Pre-decision estimate: 10% cert probability (95% interval 6%–16%)

Before the decision, about 2.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a business petitioner.

Questions presented

  1. Whether federal common law necessarily and exclusively governs claims seeking redress for injuries allegedly caused by the effect of interstate greenhouse-gas emissions on the global climate.

  2. Whether a federal district court has jurisdiction under 28 U.S.C. 1331 over claims necessarily and exclusively governed by federal common law but labeled as arising under state law. (I)

Counsel of record

For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP

For respondent
Marco Benjamin Simons
EarthRights International

Case

Conference history
Distributed for 2 conferences

Amicus briefs
7 cert-stage

Linked docket
21A662

Proceedings

  1. Apr 24 2023
    Petition DENIED. Justice Alito took no part in the consideration or decision of this petition. Justice Kavanaugh would grant the petition for a writ of certiorari.
  2. Apr 10 2023
    Supplemental brief of respondents Board of County Commissioners of Boulder County, et al. filed. (Distributed)
  3. Apr 05 2023
    DISTRIBUTED for Conference of 4/21/2023.
  4. Apr 05 2023
    Supplemental brief of petitioners Suncor Energy (U.S.A.) Inc., et al. filed. (Distributed)
  5. Mar 16 2023
    Brief amicus curiae of United States filed.
  6. Oct 03 2022
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  7. Aug 24 2022
    DISTRIBUTED for Conference of 9/28/2022.
  8. Aug 24 2022
    Reply of petitioners Suncor Energy (U.S.A.) Inc., et al. filed. (Distributed)
  9. Aug 10 2022
    Brief of respondents Board of County Commissioners of Boulder County, et al. in opposition filed.
  10. Jul 11 2022
    Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
  11. Jul 11 2022
    Brief amicus curiae of American Petroleum Institute filed.
  12. Jul 11 2022
    Brief amici curiae of Indiana, et al. filed.
  13. Jul 11 2022
    Brief amicus curiae of Washington Legal Foundation filed.
  14. Jul 08 2022
    Brief amicus curiae of the National Association of Manufacturers filed.
  15. Jul 07 2022
    Brief amici curiae of Atlantic Legal Foundation & DRI Center for Law and Public Policy filed.
  16. Jul 01 2022
    Motion to extend the time to file a response is granted and the time is extended to and including August 10, 2022.
  17. Jun 30 2022
    Motion to extend the time to file a response from July 11, 2022 to August 10, 2022, submitted to The Clerk.
  18. Jun 21 2022
    Blanket Consent filed by Petitioner, Suncor Energy (U.S.A.) Inc., et al.
  19. Jun 08 2022
    Petition for a writ of certiorari filed. (Response due July 11, 2022)
  20. Jun 06 2022
    Application (21A662) denied by Justice Gorsuch.
  21. May 26 2022
    Application (21A662) to extend further the time from June 8, 2022 to July 8, 2022, submitted to Justice Gorsuch.
  22. Apr 29 2022
    Application (21A662) granted by Justice Gorsuch extending the time to file until June 8, 2022.
  23. Apr 26 2022
    Application (21A662) to extend the time to file a petition for a writ of certiorari from May 9, 2022 to June 8, 2022, submitted to Justice Gorsuch.