Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 17 Conference; we do not expect the Justices to issue any decisions on the merits.

Environmental Protection Agency v. EME Homer City Generation

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
12-1182 D.C. Cir. Dec 10, 2013
Tr.Aud.
Apr 29, 2014 6-2 Ginsburg OT 2013

Holding: The Clean Air Act directs the Environmental Protection Agency (EPA) to establish national ambient air quality standards (NAAQS) for pollutants at levels that will protect public health. Once EPA settles on a NAAQS, the Agency must designate "nonattainment" areas, i.e., locations where the concentration of a regulated pollutant exceeds the NAAQS, and each state must submit a State Implementation Plan, or SIP, to EPA within three years of any new or revised NAAQS. From the date EPA determines that a State SIP is inadequate, EPA has two years to promulgate a Federal Implementation Plan, or FIP. Among other things, the CAA mandates SIP compliance with the Good Neighbor Provision, which requires SIPs to "contain adequate provisions . . . prohibiting . . . any source or other type of emissions activity within the State from emitting any air pollutant in amounts which will . . . contribute significantly to nonattainment in, or interfere with maintenance by, any other State with respect to any” NAAQS. The CAA does not require that states be given a second opportunity to file a SIP after EPA has quantified the state's interstate pollution obligations. Nor does the Good Neighbor Provision require EPA to disregard costs and consider exclusively each upwind state's physically proportionate responsibility for each downwind air quality problem. EPA's cost-effective allocation of emission reductions among upwind states is a permissible, workable, and equitable interpretation of the Good Neighbor Provision.

Judgment: Reversed and remanded, 6-2, in an opinion by Justice Ginsburg on April 29, 2014. Justice Scalia filed a dissenting opinion, in which Justice Thomas joined. (Alito, J., recused)

SCOTUSblog Coverage

DateProceedings and Orders
Mar 29 2013Petition for a writ of certiorari filed. (Response due April 29, 2013)
Mar 29 2013Appendix of Environmental Protection Agency, et al. filed (Volumes 2 - 4).
Apr 10 2013Order extending time to file response to petition to and including May 29, 2013, for all respondents.
Apr 18 2013Brief of Respondent States and Cities in support filed. VIDED.
Apr 18 2013Brief of respondents Calpine Corporation, and Exelon Corporation in support filed. VIDED.
May 29 2013Brief of respondents Luminant Generation Company LLC, et al. in opposition filed. VIDED.
May 29 2013Brief of State and Local respondents in opposition filed. VIDED.
Jun 3 2013Reply of petitioners Environmental Protection Agency, et al. filed. (Distributed)
Jun 4 2013DISTRIBUTED for Conference of June 20, 2013.
Jun 24 2013Petition GRANTED The petition for a writ of certiorari in No. 12-1183 is granted limited to the questions presented by the petition in No. 12-1182. The cases are consolidated and a total of one hour is allotted for oral argument.
Jul 16 2013Order extending time to file the joint appendix and petitioner's brief on the merits to and including September 4, 2013.
Jul 16 2013Order extending time to file respondent's brief on the merits to and including October 31, 2013.
Aug 21 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners American Lung Association, et al. VIDED.
Aug 30 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Industry and Labor Respondents.VIDED
Aug 30 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the State and Local Respondents (Texas, et al.).VIDED
Aug 30 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents Calpine Corporation and Exelon Corporation. VIDED
Sep 4 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Federal Petitioners.VIDED
Sep 4 2013Joint appendix filed. (Statement of costs filed.) VIDED.
Sep 4 2013Brief of petitioners Environmental Protection Agency, et al. filed. VIDED.
Sep 4 2013Motion of the federal parties to deem the Court of Appeals Joint Appendix to be Volumes 2 thru 8 of the Supreme Court Joint Appendix filed by petitioner Environmental Protection Agency, et al. VIDED.
Sep 4 2013Brief of Respondent States and Cities in support of petitioners filed. VIDED.
Sep 4 2013Brief of respondents Calpine Corporation and Exelon Corporation in support of petitioners filed. VIDED.
Sep 10 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the State and City respondents (New York, et al.) VIDED
Sep 10 2013Brief amici curiae of Law Professors on Issue Exhaustion filed. VIDED. (Distributed)
Sep 10 2013Brief amicus curiae of American Thoracic Society filed. VIDED.
Sep 11 2013Brief amici curiae of Atmospheric Scientists and Air Quality Modeling Experts filed. VIDED.
Sep 11 2013Brief amicus curiae of APA Watch in support of neither party filed. VIDED.
Sep 11 2013Brief amicus curiae of Institute for Policy Integrity at New York University School of Law filed. VIDED.
Sep 11 2013Brief amicus curiae of Constitutional Accountability Center filed. VIDED.
Sep 11 2013Brief amici curiae of Benjamin F. Hobbs, et al. filed. VIDED.
Sep 17 2013SET FOR ARGUMENT ON Tuesday December 10, 2013.
Sep 17 2013CIRCULATED
Sep 30 2013Records received from USCA for the DC Circuit electronically filed.
Oct 7 2013Motion to deem the Court of Appeals Joint Appendix to be Volumes 2 thru 8 of the Supreme Court Joint Appendix GRANTED. Justice Alito took no part in the consideration or decision of this motion.
Oct 31 2013Brief of respondents Utility Air Regulatory Group, et al. filed. VIDED. (Distributed)
Oct 31 2013Brief of respondents State and Local respondents filed. VIDED. (Distributed)
Oct 31 2013Brief of respondents Luminant Generation Company LLC, et al. filed. VIDED. (Distributed)
Nov 4 2013Motion for divided argument filed by respondents. VIDED.
Nov 7 2013Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED. (Distributed)
Nov 7 2013Brief amici curiae of West Virginia and 8 Other States filed. VIDED. (Distributed)
Nov 26 2013Motion for divided argument filed by respondents GRANTED. Justice Alito took no part in the consideration or decision of this motion.
Dec 2 2013Reply of petitioners Environmental Protection Agency, et al. filed. VIDED. (Distributed)
Dec 3 2013Reply of respondents Calpine Corporation and Exelon Corporation in support of petitioners filed. VIDED. (Distributed)
Dec 3 2013Reply of Respondent States and Cities in support of petitioners filed. VIDED. (Distributed)
Dec 10 2013Argued. For petitioners: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For State and Local respondents: Jonathan F. Mitchell, Solicitor General, Austin, Tex. For Industry and Labor respondents: Peter Keisler, Washington, D. C.
Apr 29 2014Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined. Alito, J., took no part in the consideration or decision of the cases. VIDED
Jun 2 2014JUDGMENT ISSUED.
Jun 3 2014Record returned for U.S.C.A. District of Columbia Circuit.
 
Share:
Term Snapshot
Awards