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American Forest & Paper Association, et al., Applicants v. Environmental Protection Agency, et al.

Application · United States Court of Appeals for the District of Columbia Circuit, No. 23-1191


Application granted · June 27, 2024

Counsel of record

For petitioner
Jonathan Yates Ellis
McGuireWoods LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history

Argument & decision

Argued February 21, 2024 — Mathura J. Sridharan · Catherine E. Stetson · Malcolm L. Stewart · .... Audio and transcript

Decided June 27, 2024. Opinion by Gorsuch.

Proceedings

  1. Jun 27 2024
    Applications for stays (23A349, 23A350, 23A351, and 23A384) granted by the Court. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Kavanaugh, JJ., joined. Barrett, J., filed a dissenting opinion, in which Sotomayor, Kagan, and Jackson, JJ., joined. VIDED.
  2. Mar 28 2024
    Letter of respondents EPA, et al. updating Court filed. VIDED. (Distributed)
  3. Feb 21 2024
    Argued. For state applicants: Mathura J. Sridharan, Deputy Solicitor General, Columbus, Ohio. For industry applicants: Catherine E. Stetson, Washington, D. C. For federal respondents: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For state respondents: Judith N. Vale, Deputy Solicitor General, New York, N. Y. VIDED.
  4. Jan 23 2024
    Letter of respondents Environmental Protection Agency, et al. notifying the Court of proposed rule filed. VIDED. (Distributed)
  5. Jan 22 2024
    Motion for divided argument filed by the Solicitor General GRANTED. VIDED.
  6. Jan 22 2024
    Motion for divided argument filed by applicants GRANTED. VIDED.
  7. Jan 10 2024
    Motion for divided argument filed by applicants. VIDED.
  8. Jan 09 2024
    Any motion regarding oral argument is due on or before Friday, January 12, 2024. VIDED.
  9. Jan 09 2024
    Motion for divided argument filed by the Solicitor General. VIDED.
  10. Jan 08 2024
    Record received from the United States Court of Appeals for the District of Columbia Circuit.
  11. Jan 08 2024
    Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
  12. Jan 05 2024
    SET FOR ARGUMENT on Wednesday, February 21, 2024. VIDED.
  13. Jan 05 2024
    Record requested from the United States Court of Appeals for the District of Columbia Circuit.
  14. Dec 20 2023
    Application (23A351) referred to the Court.
  15. Dec 20 2023
    Consideration of the applications for stay (23A349, 23A350, 23A351, and 23A384) presented to The Chief Justice and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of 1 hour is allotted for oral argument. The applications will be set for argument in the February 2024 argument session. Arguing counsel should be prepared to address, among other issues related to the challenge based on the SIP disapprovals, whether the emissions controls imposed by the Rule are reasonable regardless of the number of States subject to the Rule. VIDED.
  16. Nov 01 2023
    Reply of applicant American Forest & Paper Association, et al. filed.
  17. Oct 30 2023
    Response to application from respondent Environmental Protection Agency, et al. filed.
  18. Oct 30 2023
    Response to application from respondent New York, Connecticut, Delaware, Illinois, Maryland, Massachusetts, New Jersey, Pennsylvania, and Wisconsin, and District of Columbia, City of New York, and Harris County,TX filed.
  19. Oct 30 2023
    Response to application from respondent Public Interest Respondents filed.
  20. Oct 19 2023
    Response to application (23A351) requested by The Chief Justice, due by 4 p.m. (EDT) on October 30, 2023.
  21. Oct 13 2023
    Application (23A351) for a stay, submitted to The Chief Justice.