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American Petroleum Institute, et al. v. Environmental Defense Center, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-55526, 19-55707, 19-55708, 19-55718, 19-55725, 19-55727, 19-55728 · judgment June 3, 2022

Certiorari denied · June 5, 2023
Pre-decision estimate: 11% cert probability (95% interval 8%–14%)

Before the decision, about 2.5× 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.

Questions presented

  1. Whether a programmatic environmental assessment and finding of no significant impact regarding the hypothetical future approval of permits for oil and gas well-stimulation treatments constitute “final agency action” for purposes of the Administrative Procedure Act, 5 U.S.C. 704.

  2. Whether the Coastal Zone Management Act, 16 U.S.C. 1456, requires the Department of Interior separately to review oil and gas well-stimulation treatments for consistency with California’s coastal zone management program, where private parties applying to conduct those treatments must already certify that consistency. (I)

Counsel of record

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

For respondent
Joshua A. Klein
California Department of Justice

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Linked docket
22A534

Proceedings

  1. Jun 05 2023
    Petition DENIED.
  2. May 16 2023
    DISTRIBUTED for Conference of 6/1/2023.
  3. May 16 2023
    Reply of petitioners American Petroleum Institute, et al. filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  4. Apr 28 2023
    Brief of State respondents in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  5. Apr 28 2023
    Brief of Federal respondents in opposition filed.
    Main DocumentCertificate of Word Count
  6. Apr 28 2023
    Brief of respondents Environmental Defense Center, et al. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  7. Mar 27 2023
    Motion to extend the time to file a response is granted and the time is further extended to and including April 28, 2023, for all respondents.
  8. Mar 23 2023
    Motion to extend the time to file a response from March 29, 2023 to April 28, 2023, submitted to The Clerk.
    Main Document
  9. Feb 27 2023
    Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
    Main DocumentProof of ServiceCertificate of Word Count
  10. Feb 27 2023
    Brief amici curiae of Texas, et al. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  11. Feb 24 2023
    Motion to extend the time to file a response is granted and the time is extended to and including March 29, 2023, for all respondents.
  12. Feb 22 2023
    Motion of the Solicitor General to extend the time to file a response from February 27, 2023 to March 29, 2023, submitted to The Clerk.
    Main Document
  13. Feb 17 2023
    Motion to extend the time to file a response is granted and the time is extended to and including March 29, 2023, for all respondents.
  14. Feb 16 2023
    Motion to extend the time to file a response from February 27, 2023 to March 29, 2023, submitted to The Clerk.
    Main Document
  15. Jan 25 2023
    Petition for a writ of certiorari filed. (Response due February 27, 2023)
    PetitionAppendixCertificate of Word CountProof of Service
  16. Dec 15 2022
    Application (22A534) granted by Justice Kagan extending the time to file until January 25, 2023.
  17. Dec 13 2022
    Application (22A534) to extend the time to file a petition for a writ of certiorari from December 25, 2022 to January 25, 2023, submitted to Justice Kagan.
    Main DocumentLower Court Orders/OpinionsProof of ServiceOther