Docket Entries Since Last Update
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Court Dockets
United States Court of Appeals for the District of Columbia Circuit
Docket for Case #: 19-1231
Docket for Case #: 19-1231
State of New York, et al v. EPA, et al
DOCKET INFORMATION
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| Entry | Filed | Description | |
|---|---|---|---|
| BL-1 | Oct 29, 2019 | Request | PETITION FOR REVIEW CASE docketed. [19-1231] |
| BL-2 | Oct 29, 2019 | View | PETITION FOR REVIEW [1813323] of a decision by federal agency filed by State of New Jersey, State of New York and The City of New York [Service Date: 10/29/2019 ] Disclosure Statement: Not Attached; Certificate of Parties: Not Applicable to this Filing. [19-1231] |
| BL-3 | Oct 30, 2019 | Request | CERTIFIED COPY [19-1231] |
| BL-4 | Oct 30, 2019 | View | CLERK'S ORDER [1813332] filed directing party to file initial submissions: PETITIONER docketing statement due 12/02/2019. PETITIONER certificate as to parties due 12/02/2019. PETITIONER statement of issues due 12/02/2019. PETITIONER underlying decision due 12/02/2019. PETITIONER deferred appendix statement due 12/02/2019. PETITIONER procedural motions due 12/02/2019. PETITIONER dispositive motions due 12/16/2019; directing party to file initial submissions: RESPONDENT entry of appearance due 12/02/2019. RESPONDENT procedural motions due 12/02/2019. RESPONDENT certified index to record due 12/16/2019. RESPONDENT dispositive motions due 12/16/2019 [19-1231] |
| BL-5 | Nov 8, 2019 | Request | ENTRY OF APPEARANCE [1814971] filed by Sarah A. Buckley on behalf of Respondents EPA and Andrew Wheeler. [19-1231] (Buckley, Sarah) |
| BL-6 | Nov 20, 2019 | Request | MOTION [1816648] for leave to intervene [Disclosure Listing: Attached] filed by Midwest Ozone Group [Service Date: 11/20/2019 ] [19-1231]--MODIFIED PARTY FILER--[Edited 11/20/2019 by JAD] (Flannery, David) |
| BL-7 | Nov 25, 2019 | Request | MOTION [1817507] for leave to intervene [Disclosure Listing: Attached] filed by National Association of Manufacturers, Chamber of Commerce of the United States of America and Air Stewardship Coalition [Service Date: 11/25/2019 ] [19-1231]--MODIFIED PARTY FILER--[Edited 11/26/2019 by JAD] (Boxerman, Samuel) |
| BL-8 | Nov 26, 2019 | View | MOTION [1817645] to expedite case, to expedite oral argument filed by State of New York, State of New Jersey and The City of New York (Service Date: 11/26/2019 by CM/ECF NDA) Length Certification: 5,106 Words. [19-1231] (Wu, Steven) |
| BL-9 | Nov 26, 2019 | Request | MOTION [1817804] for leave to intervene [Disclosure Listing: Attached] filed by Sierra Club, Environmental Defense Fund and Adirondack Council [Service Date: 11/26/2019 ] [19-1231]--MODIFIED PARTY FILER--[Edited 11/27/2019 by JAD] (McCahan, Graham) |
| BL-10 | Nov 27, 2019 | Request | MOTION [1817943] for leave to intervene [Disclosure Listing: Attached] filed by Dominion Energy, Inc. [Service Date: 11/27/2019 ] [19-1231]--MODIFIED PARTY FILER--[Edited 12/02/2019 by JAD] (Friedland, David) |
| BL-11 | Nov 27, 2019 | Request | MOTION [1818031] for leave to intervene [Disclosure Listing: Attached] filed by Peoples Gas Light and Coke Company, GenOn Holdings, LLC. and Big Rivers Electric Corporation [Service Date: 11/27/2019 ] [19-1231]--MODIFIED PARTY FILER--[Edited 12/02/2019 by JAD] (Chandler Clements, Elizabeth) |
| BL-12 | Dec 2, 2019 | Request | CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1818237] filed by State of New York, State of New Jersey and The City of New York [Service Date: 12/02/2019 ] [19-1231] (Walthall, Claiborne) |
| BL-13 | Dec 2, 2019 | Request | DOCKETING STATEMENT [1818238] filed by State of New York, State of New Jersey and The City of New York [Service Date: 12/02/2019 ] [19-1231] (Walthall, Claiborne) |
| BL-14 | Dec 2, 2019 | Request | STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [1818239] filed by State of New York, State of New Jersey and The City of New York [Service Date: 12/02/2019 ] Intent: AppxDeferred [19-1231] (Walthall, Claiborne) |
| BL-15 | Dec 2, 2019 | View | STATEMENT OF ISSUES [1818240] filed by State of New York, State of New Jersey and The City of New York [Service Date: 12/02/2019 ] [19-1231] (Walthall, Claiborne) |
| BL-16 | Dec 2, 2019 | View | UNDERLYING DECISION IN CASE [1818241] submitted by State of New York, State of New Jersey and The City of New York [Service Date: 12/02/2019 ] [19-1231] (Walthall, Claiborne) |
| BL-17 | Dec 6, 2019 | View | RESPONSE IN OPPOSITION filed by EPA and Andrew Wheeler [Service Date: 12/06/2019 by CM/ECF NDA] Length Certification: 4,236 words. [19-1231] (Buckley, Sarah) |
| BL-18 | Dec 6, 2019 | Request | <i> JOINT </i>RESPONSE IN OPPOSITION filed by Air Stewardship Coalition, Big Rivers Electric Corporation, Chamber of Commerce of the United States of America, Dominion Energy, Inc., GenOn Holdings, LLC., Midwest Ozone Group, National Association of Manufacturers and Peoples Gas Light and Coke Company [Service Date: 12/06/2019 by CM/ECF NDA] Length Certification: 190 words. [19-1231] (Boxerman, Samuel) |
| BL-19 | Dec 10, 2019 | View | CLERK'S ORDER . [19-1231] |
| BL-20 | Dec 13, 2019 | View | REPLY [Service Date: 12/13/2019 by CM/ECF NDA] Length Certification: 2,574 Words. [19-1231] (Walthall, Claiborne) |
| BL-21 | Dec 16, 2019 | Request | CERTIFIED INDEX TO RECORD [1820371] filed by EPA and Andrew Wheeler [Service Date: 12/16/2019 ] [19-1231] (Buckley, Sarah) |
| BL-22 | Dec 20, 2019 | Request | NOTICE [1821208] to participate in support of petitioners filed by Adirondack Council, Environmental Defense Fund and Sierra Club [Service Date: 12/20/2019 ] [19-1231]--[MODIFIED EVENT--Edited 12/23/2019 by AY] (Berman, Joshua) |
| BL-23 | Dec 20, 2019 | Request | PER CURIAM ORDER [1821221] filed upon consideration of the motion to expedite briefing and oral argument, the responses thereto, and the reply, it is ORDERED that the following briefing schedule will apply in this case: PETITIONERS' Joint Brief (not to exceed 13,000 words) due 01/14/2020. INTERVENOR FOR PETITIONERS' Joint Brief (not to exceed 9,100 words) due 01/14/2020. RESPONDENTS' Joint Brief (not to exceed 13,000 words) due on 02/20/2020. INTERVENOR FOR RESPONDENTS' Joint Brief (not to exceed 9,100 words) due 02/27/2020. PETITIONERS' Joint Reply Brief (not to exceed 6,500 words) due 03/12/2020. INTERVENOR FOR PETITIONERS' Joint Reply Brief (not to exceed 4,550 words) due 03/12/2020. JOINT APPENDIX due 03/19/2020. FINAL Briefs due 03/26/2020 Before Judges: Srinivasan and Katsas. [19-1231] |
| BL-24 | Jan 14, 2020 | View | <i> JOINT </i>PETITIONER BRIEF [1824155] filed by State of New York, State of New Jersey and The City of New York [Service Date: 01/14/2020 ] Length of Brief: 12,964 Words. [19-1231] (Walthall, Claiborne) |
| BL-25 | Jan 14, 2020 | Request | INTERVENOR FOR PETITIONER BRIEF [1824164] filed by Adirondack Council, Environmental Defense Fund and Sierra Club [Service Date: 01/14/2020 ] Length of Brief: 9,055 Words. [19-1231] (McCahan, Graham) |
| BL-26 | Jan 17, 2020 | Request | ENTRY OF APPEARANCE [1824588] filed by Samara M. Spence on behalf of Respondents EPA and Andrew Wheeler. [19-1231] (Spence, Samara) |
| BL-27 | Jan 31, 2020 | Request | UNOPPOSED MOTION [1826486] to extend time to file brief to 02/27/2020 filed by EPA and Andrew Wheeler [Service Date: 01/31/2020 ] Length Certification: 493 words. [19-1231] (Spence, Samara) |
| BL-28 | Jan 31, 2020 | Request | CLERK'S ORDER , The following revised briefing schedule will now apply: RESPONDENT Brief due on 02/27/2020. INTERVENOR FOR RESPONDENT Brief due 03/05/2020. PETITIONER Reply Brief due 03/19/2020. INTERVENOR FOR PETITIONER Reply Brief due 03/19/2020. DEFERRED APPENDIX due 03/26/2020. Final Briefs due 04/02/2020. [19-1231] |
| BL-29 | Feb 27, 2020 | View | RESPONDENT BRIEF [1830717] filed by EPA and Andrew Wheeler [Service Date: 02/27/2020 ] Length of Brief: 12,999 words. [19-1231] (Spence, Samara) |
| BL-30 | Mar 2, 2020 | Request | NOTICE [1831230] of intention to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by Commonwealth of Kentucky, Energy and Environment Cabinet [Service Date: 03/02/2020 ] [19-1231]--[Edited 03/03/2020 by AY] (Lee, Mary) |
| BL-31 | Mar 3, 2020 | Request | ENTRY OF APPEARANCE [1831405] filed by Joseph A. Newberg, II and co-counsel Mary Ann Lee on behalf of Amicus Curiae for Respondent Commonwealth of Kentucky Energy and Environment Cabinet. [19-1231] (Newberg, Joseph) |
| BL-32 | Mar 5, 2020 | Request | AMICUS FOR RESPONDENT BRIEF [1832071] filed by Commonwealth of Kentucky Energy and Environment Cabinet [Service Date: 03/05/2019 ] Length of Brief: 4226. [19-1231] (Lee, Mary) |
| BL-33 | Mar 5, 2020 | Request | INTERVENOR FOR RESPONDENT BRIEF [1832073] filed by Midwest Ozone Group, et al. [Service Date: 03/05/2020 ] Length of Brief: 8,884 Words. [19-1231] (Flannery, David) |
| BL-34 | Mar 6, 2020 | Request | AMENDED AMICUS FOR RESPONDENT BRIEF [1832378] filed by Commonwealth of Kentucky Energy and Environment Cabinet [Service Date: 03/06/2020 ] [19-1231]--[Edited 03/09/2020 by TAM] (Newberg, Joseph) |
| BL-35 | Mar 10, 2020 | Request | NOTICE [1832850] to substitute attorney Aaron Love substituted by Lisa Morelli filed by State of New Jersey [Service Date: 03/10/2020 ] [19-1231] (Morelli, Lisa) |
| BL-36 | Mar 11, 2020 | View | CLERK'S ORDER [1832956] filed scheduling oral argument on Thursday, 05/07/2020. [19-1231] |
| BL-37 | Mar 18, 2020 | View | NOTICE [1834194] sent regarding oral argument matter. [19-1231] |
| BL-38 | Mar 19, 2020 | View | <i> JOINT </i>PETITIONER REPLY BRIEF [1834393] filed by State of New York, State of New Jersey and The City of New York [Service Date: 03/19/2020 ] Length of Brief: 6,495 Words. [19-1231] (Walthall, Claiborne) |
| BL-39 | Mar 19, 2020 | View | <i> JOINT </i>INTERVENOR FOR PETITIONER REPLY BRIEF [1834408] filed by Adirondack Council, Environmental Defense Fund and Sierra Club [Service Date: 03/19/2020 ] Length of Brief: 4,533 words. [19-1231] (McCahan, Graham) |
| BL-40 | Mar 26, 2020 | Request | <i> JOINT </i>APPENDIX [1835637] filed by State of New York, State of New Jersey, The City of New York, Sierra Club, Environmental Defense Fund, Adirondack Council, EPA, Andrew Wheeler and Air Stewardship Coalition, Big Rivers Electric Corporation, Chamber of Commerce of the United States of America, Dominion Energy, Inc., GenOn Holdings, LLC., Midwest Ozone Group, National Association of Manufacturers and Peoples Gas Light and Coke Company. [Volumes: 2] [Service Date: 03/26/2020 ] [19-1231] (Walthall, Claiborne) |
| BL-41 | Mar 27, 2020 | View | <i> JOINT </i>PETITIONER FINAL BRIEF [1835776] filed by State of New York, State of New Jersey and The City of New York [Service Date: 03/27/2020 ] Length of Brief: 12,969 Words. [19-1231] (Walthall, Claiborne) |
| BL-42 | Mar 27, 2020 | View | <i> JOINT </i>PETITIONER FINAL REPLY BRIEF [1835778] filed by State of New York, State of New Jersey and The City of New York [Service Date: 03/27/2020 ] Length of Brief: 6,494 Words. [19-1231] (Walthall, Claiborne) |
| BL-43 | Mar 27, 2020 | Request | ERRATA . Reason for errata: Minor corrections to Petitioners' Final Opening and Reply briefs.. [Service Date: 03/27/2020 ] [19-1231] (Walthall, Claiborne) |
| BL-44 | Apr 2, 2020 | Request | INTERVENOR FOR PETITIONER FINAL BRIEF [1836482] filed by Adirondack Council, Environmental Defense Fund and Sierra Club [Service Date: 04/02/2020 ] Length of Brief: 9018 words. [19-1231] (Donahue, Sean) |
| BL-45 | Apr 2, 2020 | View | INTERVENOR FOR PETITIONER FINAL REPLY BRIEF [1836483] filed by Adirondack Council, Environmental Defense Fund and Sierra Club [Service Date: 04/02/2020 ] Length of Brief: 4522 words. [19-1231] (Donahue, Sean) |
| BL-46 | Apr 2, 2020 | Request | ERRATA . Reason for errata: List of corrections made in final opening and reply briefs.. [Service Date: 04/02/2020 ] [19-1231] (Donahue, Sean) |
| BL-47 | Apr 2, 2020 | View | INTERVENOR FOR RESPONDENT FINAL BRIEF [1836496] filed by Air Stewardship Coalition, Big Rivers Electric Corporation, Chamber of Commerce of the United States of America, Dominion Energy, Inc., GenOn Holdings, LLC., Midwest Ozone Group, National Association of Manufacturers and Peoples Gas Light and Coke Company [Service Date: 04/02/2020 ] Length of Brief: 8947 Words. [19-1231] (Flannery, David) |
| BL-48 | Apr 2, 2020 | View | RESPONDENT FINAL BRIEF [1836561] filed by EPA and Andrew Wheeler [Service Date: 04/02/2020 ] Length of Brief: 12,999 words. [19-1231] (Spence, Samara) |
| BL-49 | Apr 21, 2020 | View | PER CURIAM ORDER [1839046] filed allocating oral argument time as follows: Petitioners - 15 Minutes (to be divided with intervenors at the parties deem appropriate), Respondents - 15 Minutes (to be divided with intervenors as the parties deem appropriate); directing party to file Form 72 notice of arguing attorney by 04/30/2020 [19-1231] |
| BL-50 | Apr 29, 2020 | Request | FORM 72 submitted by arguing attorney, Steven C. Wu, on behalf of Petitioners State of New York, State of New Jersey and The City of New York <i>(For Internal Use Only: Form is restricted to protect counsel's personal contact information)</i>. [19-1231] (Wu, Steven) |
| BL-51 | Apr 29, 2020 | Request | FORM 72 submitted by arguing attorney, Joshua Aries Berman, on behalf of Intervenors for Petitioner Sierra Club, Environmental Defense Fund and Adirondack Council <i>(For Internal Use Only: Form is restricted to protect counsel's personal contact information)</i>. [19-1231] (Berman, Joshua) |
| BL-52 | Apr 30, 2020 | Request | FORM 72 submitted by arguing attorney, Samara M. Spence, on behalf of Respondents EPA and Andrew Wheeler <i>(For Internal Use Only: Form is restricted to protect counsel's personal contact information)</i>. [19-1231] (Spence, Samara) |
| BL-53 | May 7, 2020 | View | ORAL ARGUMENT HELD before Judges Srinivasan, Griffith and Millett. [19-1231] |
| BL-54 | May 15, 2020 | Request | TRANSCRIPT [1843025] of oral argument [19-1231] |
| BL-55 | May 22, 2020 | Request | LETTER [1843950] pursuant to FRAP 28j advising of additional authorities filed by EPA and Andrew Wheeler [Service Date: 05/22/2020 ] [19-1231] (Spence, Samara) |
| BL-56 | May 22, 2020 | Request | <i> JOINT </i>LETTER [1843984] pursuant to FRAP 28j advising of additional authorities filed by Sierra Club, Environmental Defense Fund and Adirondack Council [Service Date: 05/22/2020 ] [19-1231] (Berman, Joshua) |
| BL-57 | May 29, 2020 | Request | RESPONSE filed by State of New Jersey, State of New York and The City of New York [Service Date: 05/29/2020 by CM/ECF NDA] Length Certification: 324. [19-1231] (Costello, Morgan) |
| BL-58 | Jul 7, 2020 | Request | LETTER [1850476] pursuant to FRAP 28j advising of additional authorities filed by EPA and Andrew Wheeler [Service Date: 07/07/2020 ] [19-1231] (Spence, Samara) |
| BL-59 | Jul 13, 2020 | Request | <i> JOINT </i>RESPONSE filed by State of New York, State of New Jersey, The City of New York and Adirondack Council, Environmental Defense Fund and Sierra Club [Service Date: 07/13/2020 by CM/ECF NDA] Length Certification: 58 Words. [19-1231] (Walthall, Claiborne) |
| BL-60 | Jul 14, 2020 | Request | PER CURIAM JUDGMENT [1851516] filed that the petition for review be granted, EPA's denial of New York's petition be vacated, and the case be remanded for further proceedings, for the reasons in the accompanying opinion . Before Judges: Srinivasan, Griffith and Millett. [19-1231] |
| BL-61 | Jul 14, 2020 | View | OPINION [1851521] filed (Pages: 23) for the Court by Judge Millett, CONCURRING OPINION (Pages: 6) by Judge Griffith. [19-1231] |
| BL-62 | Jul 14, 2020 | Request | CLERK'S ORDER [1851522] filed withholding issuance of the mandate. [19-1231] |
| BL-63 | Jul 24, 2020 | View | <i> JOINT </i>MOTION [1853490] to issue mandate filed by State of New York, State of New Jersey, The City of New York and Adirondack Council, Environmental Defense Fund and Sierra Club (Service Date: 07/24/2020 by CM/ECF NDA) Length Certification: 2,772 Words. [19-1231] (Walthall, Claiborne) |
| BL-64 | Jul 31, 2020 | View | RESPONSE IN OPPOSITION filed by EPA [Service Date: 07/31/2020 by CM/ECF NDA] Length Certification: 915 words. [19-1231] (Buckley, Sarah) |
| BL-65 | Aug 3, 2020 | Request | <i> JOINT </i>REPLY [Service Date: 08/03/2020 by CM/ECF NDA] Length Certification: 1,318 Words. [19-1231] (Walthall, Claiborne) |
| BL-66 | Aug 17, 2020 | View | PER CURIAM ORDER . Before Judges: Srinivasan, Griffith and Millett. [19-1231] |
| BL-67 | Sep 8, 2020 | View | MANDATE ISSUED to Environmental Protection Agency. [19-1231] |