Supreme Court of the United States · Official docket →
Diamond Alternative Energy, LLC, 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 6.7× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a D.C. Circuit decision below, and a circuit split argued in the petition.
Questions presented
Granted limited to question 1 presented by the petition. Section 209(a) of the Clean Air Act generally preempts States from adopting emission standards for new motor vehicles. 42 U.S.C. § 7543(a). But under Section 209(b) of that Act, EPA may grant California and only California-a waiver from federal preemption to set its own vehicle-emission standards. Before granting a preemption waiver, EPA must find that California "need[s]" its own emission standards "to meet compelling and extraordinary conditions." Id. § 7543(b)(1)(B). In 2022, EPA granted California a waiver to set its own standards for greenhouse-gas emissions and to adopt a zero-emission-vehicle mandate, both expressly intended to address global climate change by reducing California vehicles' consumption of liquid fuel. Fuel producers challenged EPA's waiver as contrary to the text of Section 209(b). The D.C. Circuit rejected the challenge without reaching the merits, concluding that fuel producers' injuries were not redressable because they had not established that vacating EP A's waiver would have any effect on automakers. The questions presented are:
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Whether a party may establish the redressability component of Article III standing by relying on the coercive and predictable effects of regulation on third parties.
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Whether EPA's preemption waiver for California's greenhouse-gas emission standards and zero-emission- vehicle mandate is unlawful. THE PETITION FOR A WRIT OF CERTIORARI IS GRANTED LIMITED TO QUESTION 1 PRESENTED BY THE PETITION.
Counsel of record
For petitioner
Jeffrey B. Wall
Sullivan & Cromwell LLP
For respondent
Sean Hoe Donahue
Donahue, Goldberg & Herzog
Case
Conference history
Distributed for 8 conferences
Amicus briefs
13 cert-stage · 15 merits
(15 supporting pet./neither)
Argument & decision
Argued April 23, 2025 — Jeffrey B. Wall · Edwin S. Kneedler · Joshua A. Klein. Audio and transcript
Decided June 20, 2025. Opinion by Kavanaugh.
Proceedings
- Jul 22 2025Judgment Issued.
- Jun 20 2025Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Gorsuch, and Barrett, JJ., joined. Sotomayor, J., and Jackson, J., filed dissenting opinions.
- Apr 23 2025Argued. For petitioners: Jeffrey B. Wall, Washington, D. C. For federal respondents: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For state respondents: Joshua A. Klein, Deputy Solicitor General, Oakland, Cal.
- Apr 09 2025Reply of petitioners Diamond Alternative Energy, LLC, et al. filed. (Distributed)
- Mar 31 2025Motion for divided argument filed by the Acting Solicitor General GRANTED.
- Mar 19 2025CIRCULATED
- Mar 19 2025Motion for divided argument filed by the Acting Solicitor General.
- Mar 19 2025Brief amici curiae of International Council on Clean Transportation, et al. filed. (Distributed)
- Mar 19 2025Brief amici curiae of Professor Heather Elliott, et al. filed. (Distributed)
- Mar 18 2025Brief amicus curiae of Professor F. Andrew Hessick filed. (Distributed)
- Mar 12 2025Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
- Mar 12 2025Brief of federal respondents filed.
- Mar 12 2025Brief of state respondents filed.
- Mar 12 2025Letter of respondents Natural Resources Defense Council, et al. (the public interest organizations) notifying the Clerk they do not intend to file a brief on the merits filed.
- Feb 27 2025Record requested from the United States Court of Appeals for the District of Columbia Circuit.
- Feb 24 2025SET FOR ARGUMENT on Wednesday, April 23, 2025.
- Feb 13 2025Motion of respondents to extend the time to file respondents' briefs on the merits granted and the time is extended to and including March 12, 2025.
- Feb 10 2025Motion of respondents for an extension of time within which to file respondents' briefs on the merits filed.
- Feb 06 2025Motion of the federal respondents to hold the briefing schedule in abeyance DENIED.
- Feb 03 2025Brief amicus curiae of The Two Hundred for Homeownership filed.
- Feb 03 2025Brief amicus curiae of ConservAmerica filed.
- Feb 03 2025Brief amicus curiae of American Petroleum Institute filed.
- Feb 03 2025Brief amicus curiae of The Sulphur Institute filed.
- Feb 03 2025Brief amici curiae of Advancing American Freedom, et al. filed.
- Feb 03 2025Brief amici curiae of Our Children’s Trust, et al. in support of neither party filed.
- Feb 03 2025Brief amici curiae of Western States Petroleum Association, et al. filed.
- Feb 03 2025Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
- Feb 03 2025Brief amici curiae of Texas Oil & Gas Association, et al. filed.
- Feb 03 2025Brief amici curiae of Texas Royalty Council, et al. filed.
- Feb 03 2025Brief amicus curiae of Cato Institute filed.
- Jan 31 2025Brief amici curiae of Foothill Church and Cedar Park Assembly of God of Kirkland, Washington filed.
- Jan 29 2025Response in opposition to motion to hold the briefing schedule in abeyance from petitioners Diamond Alternative Energy, LLC, et al. filed. (Distributed)
- Jan 27 2025Brief of petitioners Diamond Alternative Energy, LLC, et al. filed.
- Jan 27 2025Joint appendix filed. (Statement of costs filed.)
- Jan 24 2025Motion to hold the briefing schedule in abeyance filed by federal respondents. (Distributed)
- Dec 13 2024Petition GRANTED limited to Question 1 presented by the petition.
- 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 29 2024Letter of October 29, 2024, of California et al., in response filed. (Distributed)
- Oct 28 2024DISTRIBUTED for Conference of 11/1/2024.
- Oct 23 2024Letter of October 23, 2024 from counsel for petitioners filed. (Distributed)
- Oct 15 2024DISTRIBUTED for Conference of 10/18/2024.
- Sep 25 2024DISTRIBUTED for Conference of 10/11/2024.
- Sep 23 2024Reply of petitioners Diamond Alternative Energy, LLC, et al. filed. (Distributed)
- Sep 09 2024Brief of State Respondents in opposition filed. VIDED.
- Sep 09 2024Brief of Federal Respondents in opposition filed.
- Sep 09 2024Waiver of right of respondents Natural Resources Defense Council, Inc., et al. to respond filed.
- Aug 07 2024Brief amici curiae of Texas Oil & Gas Association, et al. filed.
- Aug 07 2024Brief amicus curiae of ConservAmerica filed.
- Aug 07 2024Brief amicus curiae of American Petroleum Institute filed.
- Aug 07 2024Brief amicus curiae of Competitive Enterprise Institute filed.
- Aug 07 2024Brief amicus curiae of The Sulphur Institute filed.
- Aug 07 2024Brief amici curiae of Texas Royalty Council, et al. filed.
- Aug 07 2024Brief amici curiae of Specialty Equipment Market Association, et al. filed. VIDED
- Aug 07 2024Brief amici curiae of Western States Petroleum Association, et al. filed.
- Aug 07 2024Brief amicus curiae of The Two Hundred for Homeownership filed.
- Aug 07 2024Brief amici curiae of Advancing American Freedom, et al. filed.
- Aug 07 2024Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
- Aug 07 2024Brief amici curiae of California Business Roundtable, et al. filed.
- 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. The time to file responses has been extended to and including September 9, 2024, for all respondents.
- Aug 01 2024Motion of the Solictor General to extend the time to file a response from August 7, 2024 to September 6, 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 7, 2024 to September 7, 2024, submitted to The Clerk.
- Jul 02 2024Petition for a writ of certiorari filed. (Response due August 7, 2024)