Supreme Court of the United States · Official docket →
Environmental Protection Agency, et al. v. Kentucky, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 23-3216, 23-3225 · judgment December 6, 2024
Before the decision, about 6.9× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a petition filed soon after the judgment below.
Question presented
The United States Environmental Protection Agency (EPA) took a final action under the Clean Air Act, 42 U.S.C. 7401 et seq., to disapprove 21 States’ plans for implementing national ozone standards. EPA determined that those state plans would not adequately “prohibit[] * * * emissions activity within the State” from “contribut[ing] significantly to nonattainment in, or interfer[ing] with maintenance by, any other State” of national ambient air quality standards. 42 U.S.C. 7410(a)(2)(D)(i)(I). The question presented is as follows: Whether EPA’s disapproval action is subject to review only in the D.C. Circuit under 42 U.S.C. 7607(b)(1), which channels to that court petitions to review EPA final actions that are “nationally applicable” or are “based on a determination of nationwide scope or effect.” (I)
Counsel of record
For petitioner
D. John Sauer
Solicitor General
For respondent
Matthew Franklin Kuhn
Office of Attorney General of Kentucky
Case
Conference history
Distributed for 2 conferences
Proceedings
- Jun 30 2025Petition DENIED.
- Jun 23 2025DISTRIBUTED for Conference of 6/26/2025.
- May 13 2025DISTRIBUTED for Conference of 5/29/2025.
- May 09 2025Reply of petitioners Environmental Protection Agency, et al. filed.
- Apr 28 2025Brief of respondent Kentucky in opposition filed.
- Apr 28 2025Brief of respondent Kentucky Energy and Environmental Cabinet in opposition filed.
- Apr 08 2025Motion to extend the time to file a response is granted and the time is extended to and including April 28, 2025, for all respondents.
- Mar 28 2025Motion to extend the time to file a response is granted and the time is extended to and including April 28, 2025.
- Mar 28 2025Motion of the Kentucky Energy and Environment Cabinet to extend the time to file a response from April 7, 2025 to April 28, 2025, submitted to The Clerk.
- Mar 27 2025Motion to extend the time to file a response from April 7, 2025 to April 28, 2025, submitted to The Clerk.
- Mar 06 2025Petition for a writ of certiorari filed. (Response due April 7, 2025)