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Chevron Corporation, et al. v. San Mateo County, California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-15499, 18-15502, 18-15503, 18-16376 · judgment April 19, 2022


Certiorari denied · April 24, 2023
Pre-decision estimate: 26% cert probability (95% interval 20%–32%)

Before the decision, about 6.2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition.

Question presented

Whether a federal district court has jurisdiction under 28 U.S.C. § 1331 over nominally state-law claims seeking redress for injuries allegedly caused by the effect of transboundary greenhouse-gas emissions on the global climate, on the ground that federal law necessarily and exclusively governs such claims.

Counsel of record

For petitioner
Theodore J. Boutrous Jr.
Gibson, Dunn & Crutcher LLP

For respondent
Victor M. Sher
Sher Edling LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Linked docket
22A196

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. Feb 23 2023
    Rescheduled.
  4. Feb 15 2023
    DISTRIBUTED for Conference of 3/3/2023.
  5. Feb 14 2023
    Reply of petitioners Chevron Corporation, et al. filed. (Distributed)
  6. Jan 27 2023
    Brief of respondents County of San Mateo, et al. in opposition filed.
  7. Dec 27 2022
    Brief amicus curiae of National Association of Manufacturers filed.
  8. Dec 21 2022
    Blanket Consent filed by Petitioner, Chevron Corporation, et al.
  9. Dec 16 2022
    Blanket Consent filed by Respondent, County of San Mateo, et al.
  10. Dec 15 2022
    Motion to extend the time to file a response is granted and the time is extended to and including January 27, 2023.
  11. Dec 13 2022
    Motion to extend the time to file a response from December 28, 2022 to January 27, 2023, submitted to The Clerk.
  12. Nov 22 2022
    Petition for a writ of certiorari filed. (Response due December 28, 2022)
  13. Aug 31 2022
    Application (22A196) granted by Justice Kagan extending the time to file until November 24, 2022.
  14. Aug 31 2022
    Response to application from respondent San Mateo County, CA, et al. filed.
  15. Aug 26 2022
    Application (22A196) to extend the time to file a petition for a writ of certiorari from September 25, 2022 to November 24, 2022, submitted to Justice Kagan.