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Edison Electric Institute, et al. v. Federal Energy Regulatory Commission, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 21-1126, 21-1136, 21-1142, 21-1149, 21-1175 · judgment February 14, 2023


GVR'd · July 2, 2024
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a D.C. Circuit decision below.

Question presented

EMILY S. FISHER SHANNON M. HEIM EDISON ELECTRIC INSTITUTE SARAH N. NORCOTT 701 Pennsylvania Ave., NW MITCHELL L. WERBELL V Washington, DC 20004 NORTHWESTERN CORPORATION D/B/A Counsel for Petitioner NORTHWESTERN ENERGY Edison Electric Institute 208 N. Montana Ave., Suite 200 Helena, MT 59601 Counsel for Petitioner NorthWestern Corporation d/b/a NorthWestern Energy

Counsel of record

For petitioner
Jeremy Charles Marwell
Vinson & Elkins LLP

For respondent
Robert Mark Loeb
Orrick, Herrington & Sutcliffe LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Linked docket
22A969

Proceedings

  1. Aug 05 2024
    Judgment Issued.
  2. Jul 02 2024
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Loper Bright Enterprises v. Raimondo, 603 U. S. ___ (2024).
  3. Jun 28 2024
    DISTRIBUTED for Conference of 7/1/2024.
  4. Oct 11 2023
    DISTRIBUTED for Conference of 10/27/2023.
  5. Oct 10 2023
    Reply of petitioners Edison Electric Institute, et al. filed. (Distributed)
  6. Sep 27 2023
    Brief of Federal Respondent filed.
  7. Sep 27 2023
    Brief of respondents Broadview Solar LLC, et al. in opposition filed.
  8. Aug 28 2023
    Motion to extend the time to file a response is granted and the time is further extended to and including September 27, 2023.
  9. Aug 24 2023
    Motion to extend the time to file a response from August 28, 2023 to September 27, 2023, submitted to The Clerk.
  10. Jul 28 2023
    Brief amicus curiae of PacifiCorp d/b/a Pacific Power and Rocky Mountain Power filed.
  11. Jul 19 2023
    Motion to extend the time to file a response is granted and the time is extended to and including August 28, 2023.
  12. Jul 18 2023
    Motion to extend the time to file a response from July 28, 2023 to August 28, 2023, submitted to The Clerk.
  13. Jun 14 2023
    Petition for a writ of certiorari filed. (Response due July 28, 2023)
  14. May 05 2023
    Application (22A969) granted by The Chief Justice extending the time to file until June 14, 2023.
  15. May 03 2023
    Application (22A969) to extend the time to file a petition for a writ of certiorari from May 15, 2023 to June 14, 2023, submitted to The Chief Justice.