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Invenergy Thermal LLC, et al. v. Casey Sixkiller, Director, Washington State Department of Ecology
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-3857 · judgment December 24, 2024
Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a petition filed soon after the judgment below, and down for a state or local-government respondent.
Questions presented
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Whether this Court’s decision in General Motors Corp. v. Tracy, 519 U.S. 278 (1997), immunizes State laws affecting utilities from challenge under the dormant Commerce Clause, even when those laws affect competitive markets.
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Whether alleging interstate and market-wide consequences of a state law, including a protectionist effect, adequately alleges a burden on interstate commerce, as five Justices would have held in National Pork Producers Council v. Ross, 598 U.S. 356 (2023).
Counsel of record
For petitioner
Charles Luther McCloud
Williams & Connolly LLP
For respondent
Peter Benjamin Gonick
Attorney General of Washington
Case
Conference history
Distributed for 2 conferences
Proceedings
- Oct 06 2025Petition DENIED.
- Jul 16 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 16 2025Reply of petitioners Invenergy Thermal LLC, et al. filed. (Distributed)
- Jun 30 2025Brief of respondent Casey Sixkiller in opposition filed.
- May 21 2025Motion to extend the time to file a response is granted and the time is extended to and including June 30, 2025.
- May 20 2025Motion to extend the time to file a response from May 30, 2025 to June 30, 2025, submitted to The Clerk.
- Apr 30 2025Response Requested. (Due May 30, 2025)
- Apr 23 2025DISTRIBUTED for Conference of 5/15/2025.
- Apr 18 2025Waiver of right of respondent Casey Sixkiller to respond filed.
- Mar 24 2025Petition for a writ of certiorari filed. (Response due April 25, 2025)