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BP p.l.c., et al. v. Mayor and City Council of Baltimore

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-1644 · judgment April 7, 2022


Certiorari denied · April 24, 2023
Pre-decision estimate: 7% cert probability (95% interval 4%–11%)

Before the decision, about 1.7× 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 Fourth Circuit decision below.

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
Victor M. Sher
Sher Edling LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Linked docket
22A84

Proceedings

  1. Apr 24 2023
    Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
  2. Apr 05 2023
    DISTRIBUTED for Conference of 4/21/2023.
  3. Jan 06 2023
    Rescheduled.
  4. Jan 04 2023
    DISTRIBUTED for Conference of 1/20/2023.
  5. Jan 03 2023
    Reply of petitioners BP p.l.c., et al. filed. (Distributed)
  6. Dec 19 2022
    Brief of respondent Mayor and City Council of Baltimore in opposition filed.
  7. Nov 17 2022
    Brief amicus curiae of The National Association of Manufacturers filed.
  8. Nov 16 2022
    Brief amicus curiae of Washington Legal Foundation filed.
  9. Nov 09 2022
    Motion to extend the time to file a response is granted and the time is extended to and including December 19, 2022.
  10. Nov 07 2022
    Blanket Consent filed by Respondent, Mayor and City Council of Baltimore
  11. Nov 07 2022
    Blanket Consent filed by Petitioner, BP p.l.c., et al.
  12. Nov 04 2022
    Motion to extend the time to file a response from November 17, 2022 to December 19, 2022, submitted to The Clerk.
  13. Oct 14 2022
    Petition for a writ of certiorari filed. (Response due November 17, 2022)
  14. Aug 01 2022
    Application (22A84) granted by The Chief Justice extending the time to file until October 14, 2022.
  15. Jul 26 2022
    Application (22A84) to extend the time to file a petition for a writ of certiorari from August 15, 2022 to October 14, 2022, submitted to The Chief Justice.