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Concerned Household Electricity Consumers Council, et al. v. Environmental Protection Agency

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 22-1139, 22-1140 · judgment May 25, 2023


Certiorari denied · December 11, 2023
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Can the “injury in fact” element of standing, as to a consumer group challenging a federal agency action, be established by an evidentiary showing that the policies mandated by that agency action have resulted in large increases in consumer prices in the places where they have been implemented?

Counsel of record

For petitioner
Francis J. Menton Jr.
Law Office of Francis Menton

For respondent
Sean Hoe Donahue
Donahue & Goldberg, LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 11 2023
    Petition DENIED.
  2. Dec 01 2023
    Rescheduled.
  3. Dec 01 2023
    DISTRIBUTED for Conference of 12/8/2023.
  4. Nov 15 2023
    Waiver of right of respondents American Lung Association, et al. to respond filed.
  5. Nov 14 2023
    DISTRIBUTED for Conference of 12/1/2023.
  6. Nov 08 2023
    Waiver of right of respondent Environmental Protection Agency to respond filed.
  7. Oct 17 2023
    Petition for a writ of certiorari filed. (Response due November 20, 2023)