Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Sandy Creek Energy Associates, L.P. v. Sierra Club, Inc.

Case dismissed, pursuant to Rule 46, on December 16, 2011
Docket No. Op. Below Argument Opinion Vote Author Term
10-1333 5th Cir. TBD TBD TBD TBD OT 2011

Issue: Whether, after construction of a power plant has begun in reliance on the issuance of a lawful preconstruction permit reflecting that there was no Maximum Achievable Control Technology (“MACT”) requirement then in force, a new MACT determination requirement can be compelled during construction, contrary to EPA regulations and judicial interpretations of closely related provisions of the Clean Air Act.

Briefs and Documents

Certiorari-stage documents

 
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