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Chevron Corporation, et al. v. City of Hoboken, New Jersey, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 21-2728, 22-1096 · judgment August 17, 2022


Certiorari denied · May 15, 2023
Pre-decision estimate: 12% cert probability (95% interval 7%–19%)

Before the decision, about 2.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Third 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
Matthew D. Brinckerhoff
Emery Celli Brinckerhoff Abady Ward & Maazel

Case

Conference history
Distributed for 1 conference

Linked docket
22A528

Proceedings

  1. May 15 2023
    Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
  2. Apr 19 2023
    DISTRIBUTED for Conference of 5/11/2023.
  3. Apr 18 2023
    Reply of petitioners Chevron Corporation, et al. filed. (Distributed)
  4. Mar 31 2023
    Brief of respondent City of Hoboken, New Jersey in opposition filed.
  5. Mar 31 2023
    Brief of respondent Delaware in opposition filed.
  6. Feb 27 2023
    Petition for a writ of certiorari filed. (Response due March 31, 2023)
  7. Dec 20 2022
    Response to application from respondent City of Hoboken, Delaware, et al. submitted December 16, 2022 and received December 20, 2022.
  8. Dec 16 2022
    Application (22A528) granted by Justice Sotomayor extending the time to file until February 27, 2023.
  9. Dec 12 2022
    Application (22A528) to extend the time to file a petition for a writ of certiorari from December 29, 2022 to February 27, 2023, submitted to Justice Sotomayor (Justice Alito is recused.)