Court Dockets
Supreme Court of United States
Docket for Case #: 20-1778

Westmoreland Mining Holdings LLC, Petitioner vs. Environmental Protection Agency, et al.

DOCKET INFORMATION
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Date Filed: Jun 23, 2021
Lower Court Case:19-1140, 19-1165, 19-1166, 19-1173, 19-1175, 19-1176, 19-1177, 19-1179, 19-1185, 19-1186, 19-1187, 19-1188, United States Court of Appeals for the District of Columbia Circuit
Lower Court Decision Date:January 19, 2021

Parties and Attorneys

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 Petitioner
Westmoreland Mining Holdings LLC
Petitioner
Representation
Andrew Michael Grossman
Counsel of Record
Baker & Hostetler LLP 1050 Connecticut Avenue, N.W. Suite 1100 Washington, DC 20036 agrossman@bakerlaw.com
 Respondents
Consolidated Edison, Inc., Exelon Corporation, National Grid USA, New York Power Authority, Power Companies Climate Coalition, and Sacramento Municipal Utility District
Respondents
Representation
Beth Susan Brinkmann
Counsel of Record
Covington & Burling LLP 850 Tenth Street, NW Washington, DC 20001-4956 bbrinkmann@cov.com
 Respondents
Non-Governmental Organization and Trade Association Respondents
Respondents
Representation
Sean Hoe Donahue
Counsel of Record
Donahue, Goldberg & Littleton 1008 Pennsylvania Avenue, SE Washington, DC 20003 sean@donahuegoldberg.com
 Respondents
Federal respondents
Respondents
Representation
Elizabeth B. Prelogar
Counsel of Record
Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov
 Respondents
States and Municipalities
Respondents
Representation
Barbara Dale Underwood
Counsel of Record
Solicitor General Office of the Attorney General 28 Liberty Street New York, NY 10005-1400 Barbara.underwood@ag.ny.gov
 Other
The Cato Institute
Other
Representation
Ilya Shapiro
Counsel of Record
Cato Institute 1000 Massachusetts Ave., NW Washington, DC 20001 ishapiro@cato.org

Docket Entries

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Questions Presented

EntryFiledPDFDescription
BL-1Jun 18, 2021ViewPetition for a writ of certiorari filed. (Response due July 23, 2021)
Type
Petition 
BL-2Jun 18, 2021ViewPetition for a writ of certiorari filed. (Response due July 23, 2021)
Type
Appendix 
BL-3Jun 18, 2021ViewPetition for a writ of certiorari filed. (Response due July 23, 2021)
Type
Certificate of Word Count 
BL-4Jun 18, 2021ViewPetition for a writ of certiorari filed. (Response due July 23, 2021)
Type
Proof of Service 
BL-5Jun 25, 2021RequestBlanket Consent filed by Petitioner, Westmoreland Mining Holdings LLC
Type
Blanket Consent 
BL-6Jul 22, 2021ViewMotion to extend the time to file a response from July 23, 2021 to August 5, 2021, submitted to The Clerk.
Type
Main Document 
BL-7Jul 22, 2021ViewBrief amicus curiae of The Cato Institute filed.
Type
Main Document 
BL-8Jul 22, 2021ViewBrief amicus curiae of The Cato Institute filed.
Type
Proof of Service 
BL-9Jul 22, 2021ViewBrief amicus curiae of The Cato Institute filed.
Type
Certificate of Word Count 
BL-10Jul 23, 2021RequestMotion to extend the time to file a response is granted and the time is extended to and including August 5, 2021, for all respondents.
BL-11Aug 5, 2021ViewBrief of respondents Consolidated Edison, Inc., Exelon Corporation, National Grid USA, New York Power Authority, Power Companies Climate Coalition, and Sacramento Municipal Utility District in opposition filed. VIDED.
Type
Main Document 
BL-12Aug 5, 2021ViewBrief of respondents Consolidated Edison, Inc., Exelon Corporation, National Grid USA, New York Power Authority, Power Companies Climate Coalition, and Sacramento Municipal Utility District in opposition filed. VIDED.
Type
Proof of Service 
BL-13Aug 5, 2021ViewBrief of respondents Consolidated Edison, Inc., Exelon Corporation, National Grid USA, New York Power Authority, Power Companies Climate Coalition, and Sacramento Municipal Utility District in opposition filed. VIDED.
Type
Certificate of Word Count 
BL-14Aug 5, 2021ViewBrief of respondents Non-Governmental Organization and Trade Association Respondents in opposition filed. VIDED.
Type
Main Document 
BL-15Aug 5, 2021ViewBrief of respondents Non-Governmental Organization and Trade Association Respondents in opposition filed. VIDED.
Type
Proof of Service 
BL-16Aug 5, 2021ViewBrief of respondents Non-Governmental Organization and Trade Association Respondents in opposition filed. VIDED.
Type
Certificate of Word Count 
BL-17Aug 5, 2021ViewBrief of respondents Federal respondents in opposition filed. VIDED.
Type
Certificate of Word Count 
BL-18Aug 5, 2021ViewBrief of respondents Federal respondents in opposition filed. VIDED.
Type
Main Document 
BL-19Aug 5, 2021ViewBrief of respondents States and Municipalities in opposition filed. VIDED.
Type
Main Document 
BL-20Aug 5, 2021ViewBrief of respondents States and Municipalities in opposition filed. VIDED.
Type
Certificate of Word Count 
BL-21Aug 5, 2021ViewBrief of respondents States and Municipalities in opposition filed. VIDED.
Type
Proof of Service 
BL-22Aug 24, 2021ViewReply of petitioner Westmoreland Mining Holdings LLC filed. (Distributed)
Type
Main Document 
BL-23Aug 24, 2021ViewReply of petitioner Westmoreland Mining Holdings LLC filed. (Distributed)
Type
Certificate of Word Count 
BL-24Aug 24, 2021ViewReply of petitioner Westmoreland Mining Holdings LLC filed. (Distributed)
Type
Proof of Service 
BL-25Aug 25, 2021RequestDISTRIBUTED for Conference of 9/27/2021.
BL-26Oct 4, 2021RequestDISTRIBUTED for Conference of 10/8/2021.
BL-27Oct 12, 2021RequestDISTRIBUTED for Conference of 10/15/2021.
BL-28Oct 25, 2021RequestDISTRIBUTED for Conference of 10/29/2021.
BL-29Oct 29, 2021RequestPetition GRANTED limited to Question 2 presented by the petition. The petitions for writs of certiorari in No. 20-1530, No. 20-1531, and No. 20-1780 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. The motion of Lignite Energy Council for leave to file a brief as amicus curiae in No. 20-1780 is granted. VIDED.
BL-30Nov 4, 2021RequestBecause the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 20-1530. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-1530. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as VIDED.
BL-31Dec 17, 2021RequestARGUMENT SET FOR Monday, February 28, 2022. VIDED.
BL-32Dec 21, 2021RequestRecord requested from the U.S.C.A. District of Columbia Circuit.
BL-33Dec 23, 2021RequestThe record from the U.S.C.A. District of Columbia Circuit is electronic and located on Pacer. The oral argument transcript has been electronically filed.
BL-34Jan 18, 2022RequestCIRCULATED
BL-35Feb 28, 2022RequestArgued. For state petitioners: Lindsay S. See, Solicitor General, Charleston, W. Va. For private petitioners: Jacob M. Roth, Washington, D. C. For federal respondents: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For power company respondents: Beth S. Brinkmann, Washington, D. C. VIDED.
BL-36Jun 30, 2022ViewJudgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Alito, J., joined. Kagan, J., filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined. VIDED.
Type
opinion 
BL-37Aug 1, 2022RequestJUDGMENT ISSUED

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