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Shell Oil Products Co., L.L.C., et al. v. Rhode Island

Paid petition · United States Court of Appeals for the First Circuit, No. 19-1818 · judgment May 23, 2022


Certiorari denied · April 24, 2023
Pre-decision estimate: 14% cert probability (95% interval 8%–22%)

Before the decision, about 3.3× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a First Circuit decision below, and a circuit split argued in the petition, and down for a state or local-government respondent.

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
2 cert-stage

Linked docket
22A233

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 27 2023
    Rescheduled.
  4. Feb 22 2023
    DISTRIBUTED for Conference of 3/17/2023.
  5. Feb 22 2023
    Reply of petitioner Shell Oil Products Company LLC filed. (Distributed)
  6. Feb 06 2023
    Brief of respondent Rhode Island in opposition filed.
  7. Jan 05 2023
    Brief amicus curiae of The National Association of Manufacturers filed.
  8. Jan 05 2023
    Brief amicus curiae of Energy Policy Advocates filed.
  9. Dec 21 2022
    Motion to extend the time to file a response is granted and the time is extended to and including February 6, 2023.
  10. Dec 21 2022
    Blanket Consent filed by Petitioner, Shell Oil Products Company LLC
  11. Dec 20 2022
    Motion to extend the time to file a response from January 5, 2023 to February 6, 2023, submitted to The Clerk.
  12. Dec 16 2022
    Blanket Consent filed by Respondent, Rhode Island
  13. Dec 02 2022
    Petition for a writ of certiorari filed. (Response due January 5, 2023)
  14. Sep 16 2022
    Application (22A233) granted by The Chief Justice extending the time to file until December 4, 2022.
  15. Sep 15 2022
    Response to application from respondent Rhode Island filed.
  16. Sep 13 2022
    Application (22A233) to extend the time to file a petition for a writ of certiorari from October 5, 2022 to December 4, 2022, submitted to The Chief Justice.