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American Gas Association, et al. v. Department of Energy, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 22-1030, 23-1285, 23-1337 · judgment November 4, 2025


GVR'd · June 8, 2026
Pre-decision estimate: 11% cert probability (95% interval 7%–17%)

Before the decision, about 2.8× 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 petition filed soon after the judgment below.

Question presented

RENEE M. LANI MICHAEL L. MURRAY AMERICAN PUBLIC GAS MATTHEW J. AGEN ASSOCIATION AMERICAN GAS ASSOCIATION 201 Mass. Ave., NE 400 N. Capitol Street, NW Suite C-4 Washington, DC 20001 Washington, DC 20002 Counsel for Petitioner Counsel for Petitioner American Gas Association American Public Gas Association BENJAMIN A.F. NUSSDORF NATIONAL PROPANE GAS ASSOCIATION 1150 Connecticut Ave., NW Suite 1200 Washington, DC 20036 Counsel for Petitioner National Propane Gas Association Counsel for Petitioners

Counsel of record

For petitioner
Scott A. Keller
Lehotsky Keller Cohn LLP

For respondent
Caroline Anne Flynn
Earthjustice

Case

Conference history
Distributed for 1 conference

Amicus briefs
10 cert-stage

Proceedings

  1. Jul 10 2026
    Judgment Issued.
  2. Jun 08 2026
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of the position asserted by the Solicitor General in his brief for the United States filed on April 28, 2026.
  3. May 19 2026
    DISTRIBUTED for Conference of 6/4/2026.
  4. May 18 2026
    Reply of petitioners American Gas Association, et al. filed. (Distributed)
  5. May 13 2026
    Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
  6. May 08 2026
    Brief of intervenor respondents in opposition filed.
  7. Apr 28 2026
    Brief of respondents Department of Energy, et al. filed.
  8. Apr 20 2026
    Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2026, for all respondents.
  9. Apr 16 2026
    Motion to extend the time to file a response from April 24, 2026 to May 8, 2026, submitted to The Clerk.
  10. Feb 23 2026
    Brief amicus curiae of United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry filed.
  11. Feb 23 2026
    Brief amicus curiae of GPA Midstream Association filed.
  12. Feb 23 2026
    Brief amici curiae of Duravent Group, et al. filed.
  13. Feb 23 2026
    Brief amici curiae of National Apartment Association, et al. filed.
  14. Feb 23 2026
    Brief amici curiae of West Virginia, et al. filed.
  15. Feb 23 2026
    Brief amici curiae of Heating, Air-Conditioning & Refrigeration Distributors International, et al. filed.
  16. Feb 23 2026
    Brief amici curiae of National Association of Home Builders of The United States, et al. filed.
  17. Feb 23 2026
    Brief amicus curiae of WM Technologies, LLC filed.
  18. Feb 23 2026
    Brief amicus curiae of Chamber of Commerce of The United States of America filed.
  19. Feb 20 2026
    Brief amicus curiae of Competitive Enterprise Institute filed.
  20. Feb 13 2026
    Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2026, for all respondents.
  21. Feb 12 2026
    Motion to extend the time to file a response from February 23, 2026 to April 24, 2026, submitted to The Clerk.
  22. Jan 20 2026
    Petition for a writ of certiorari filed. (Response due February 23, 2026)