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American Petroleum Institute, et al. v. Minnesota

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 21-1752, 21-8005 · judgment March 23, 2023


Certiorari denied · January 8, 2024
Pre-decision estimate: 7% cert probability (95% interval 4%–11%)

Before the decision, about 1.6× 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 an Eighth Circuit decision below, and down for a state or local-government respondent.

Question presented

Whether a federal district court has removal jurisdiction under 28 U.S.C. 1331 and 1441 over putative statelaw claims seeking redress for injuries allegedly caused by the effect of interstate greenhouse-gas emissions on the global climate. (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 3 conferences

Amicus briefs
5 cert-stage

Linked docket
22A1071

Proceedings

  1. Jan 08 2024
    Petition DENIED. Justice Kavanaugh would grant the petition for a writ of certiorari.
  2. Jan 05 2024
    Supplemental brief of respondent Minnesota filed.
  3. Jan 02 2024
    DISTRIBUTED for Conference of 1/5/2024.
  4. Dec 01 2023
    Rescheduled.
  5. Dec 01 2023
    DISTRIBUTED for Conference of 12/8/2023.
  6. Nov 08 2023
    DISTRIBUTED for Conference of 12/1/2023.
  7. Nov 08 2023
    Reply of petitioners American Petroleum Institute, et al. filed. (Distributed)
  8. Oct 23 2023
    Brief of respondent Minnesota in opposition filed.
  9. Sep 21 2023
    Brief amicus curiae of American Free Enterprise Chamber of Commerce filed.
  10. Sep 21 2023
    Brief amicus curiae of The American Tort Reform Association filed.
  11. Sep 21 2023
    Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
  12. Sep 21 2023
    Brief amicus curiae of The National Association of Manufacturers filed.
  13. Sep 21 2023
    Brief amici curiae of Alabama, et al. filed.
  14. Sep 07 2023
    Motion to extend the time to file a response is granted and the time is extended to and including October 23, 2023.
  15. Sep 06 2023
    Motion to extend the time to file a response from September 21, 2023 to October 23, 2023, submitted to The Clerk.
  16. Aug 18 2023
    Petition for a writ of certiorari filed. (Response due September 21, 2023)
  17. Jun 13 2023
    Application (22A1071) granted by Justice Kavanaugh extending the time to file until August 20, 2023.
  18. Jun 09 2023
    Application (22A1071) to extend the time to file a petition for a writ of certiorari from June 21, 2023 to August 20, 2023, submitted to Justice Kavanaugh.