Supreme Court of the United States · Official docket →
Ohio, et al. v. Environmental Protection Agency, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 22-1081, 22-1083, 22-1084, 22-1085 · judgment April 9, 2024
Before the decision, about 2.9× the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
Over a century ago, this Court remarked that “the whole Federal system is based upon the fundamental principle of the equality of the states under the Constitution.” Bolln v. Nebraska, 176 U.S. 83, 89 (1900). It continued: “The idea that one state is debarred, while the others are granted, the privilege of amending their organic laws to conform to the wishes of their inhabitants, is so repugnant to the theory of their equality under the Constitution that it cannot be entertained even if Congress had power to make such discrimination.” Id. Are those words just a fin de siè- cle sentiment, or do they endure today? The Question Presented is: May Congress pass a law under the Commerce Clause that empowers one State to exercise sovereign power that the law denies to all other States?
Counsel of record
For petitioner
Thomas Elliot Gaiser
Office of the Ohio Attorney General
For respondent
Ian Michael Fein
Natural Resources Defense Council
Case
Conference history
Distributed for 8 conferences
Amicus briefs
3 cert-stage
Proceedings
- Dec 16 2024Petition DENIED. Justice Thomas would grant the petition for a writ of certiorari.
- Dec 09 2024DISTRIBUTED for Conference of 12/13/2024.
- Dec 02 2024DISTRIBUTED for Conference of 12/6/2024.
- Nov 18 2024DISTRIBUTED for Conference of 11/22/2024.
- Nov 12 2024DISTRIBUTED for Conference of 11/15/2024.
- Nov 04 2024DISTRIBUTED for Conference of 11/8/2024.
- Oct 28 2024DISTRIBUTED for Conference of 11/1/2024.
- Oct 15 2024DISTRIBUTED for Conference of 10/18/2024.
- Sep 25 2024DISTRIBUTED for Conference of 10/11/2024.
- Sep 23 2024Reply of petitioners Ohio, et al. filed. (Distributed)
- Sep 09 2024Brief of Federal Respondents in opposition filed.
- Sep 09 2024Brief of State Respondents in opposition filed. VIDED.
- Sep 09 2024Waiver of right of respondents Natural Resources Defense Council, Inc., et al. to respond filed.
- Aug 08 2024Brief amici curiae of Iowa, et al. filed.
- Aug 07 2024Brief amici curiae of Specialty Equipment Market Association, et al. filed. VIDED.
- Aug 06 2024Brief amici curiae of Organizations Committed to Constitutional Government filed. VIDED.
- Aug 05 2024Motion to extend the time to file a response is granted and the time is extended to and including September 9, 2024, for all respondents.
- Aug 01 2024Motion of the Solicitor General to extend the time to file a response from August 8, 2024 to September 9, 2024, submitted to The Clerk.
- Jul 29 2024Motion to extend the time to file a response is granted and the time is extended to and including September 9, 2024, for all respondents.
- Jul 26 2024Motion to extend the time to file a response from August 8, 2024 to September 7, 2024, submitted to The Clerk.
- Jul 05 2024Petition for a writ of certiorari filed. (Response due August 8, 2024)