| ~~~Date~~~ | ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ |
| Nov 15 2005 |
Application (05A441) to extend the time to file a petition for a writ of certiorari from November 28, 2005 to January 12, 2006, submitted to The Chief Justice. |
| Nov 17 2005 |
Response to application from respondent Duke Energy Corporation filed. |
| Nov 17 2005 |
Application (05A441) granted by The Chief Justice extending the time to file until December 28, 2005. |
| Dec 28 2005 |
Petition for a writ of certiorari filed. (Response due February 6, 2006) |
| Jan 31 2006 |
Order extending time to file response to petition to and including March 8, 2006, for all respondents. |
| Mar 7 2006 |
Brief amici curiae of New York, et al. filed. |
| Mar 8 2006 |
Brief of respondent United States in opposition filed. |
| Mar 8 2006 |
Brief of respondent Duke Energy Corporation in opposition filed. |
| Mar 8 2006 |
Brief amici curiae of National Parks Conservation Association, et al. filed. |
| Mar 21 2006 |
Reply of petitioners Environmental Defense, et al. filed. (Distributed) |
| Mar 22 2006 |
DISTRIBUTED for Conference of April 14, 2006. |
| Apr 17 2006 |
DISTRIBUTED for Conference of April 21, 2006. |
| Apr 24 2006 |
DISTRIBUTED for Conference of April 28, 2006. |
| May 8 2006 |
DISTRIBUTED for Conference of May 11, 2006. |
| May 15 2006 |
Petition GRANTED. |
| May 22 2006 |
Extension of time within which to file the joint appendix and petitioners' brief on the merits to and including July 21, 2006. |
| Jun 5 2006 |
Consent for the filing of amicus briefs in support of either/neither party received from counsel for the respondent. |
| Jun 5 2006 |
Extension of time within which to file the respondent's brief on the merits to and including September 15, 2006. |
| Jul 5 2006 |
Consent to the filing of amicus briefs in support of either party received from counsel for the petitioners. |
| Jul 21 2006 |
Brief amici curiae of Chesapeake Bay Foundation and Adirondack Mountain Club filed. |
| Jul 21 2006 |
Brief amici curiae of STAPPA and ALAPCO |
| Jul 21 2006 |
Brief amici curiae of New Jersey, et al. filed. |
| Jul 21 2006 |
Brief of respondent United States in support filed. |
| Jul 21 2006 |
Joint appendix filed. (Joint appendix in two volumes). |
| Jul 21 2006 |
Brief of petitioners Environmental Defense, et al. filed. |
| Jul 21 2006 |
Brief amici curiae of Law Professors John E. Bonine, et al. filed. |
| Jul 21 2006 |
Brief amici curiae of New York, et al. filed. |
| Jul 21 2006 |
Brief amici curiae of American Lung Association, et al. filed. |
| Jul 21 2006 |
Brief amici curiae of National Parks Conservation Association, et al. filed. |
| Jul 21 2006 |
Brief amici curiae of Former EPA Administrators Carol M.Browner and Russell E. Train filed. |
| Jul 21 2006 |
Brief amici curiae of Current and Former Members of Congress Henry Waxman, et al. filed. |
| Aug 14 2006 |
SET FOR ARGUMENT on Wednesday, November 1, 2006. |
| Aug 14 2006 |
CIRCULATED. |
| Sep 15 2006 |
Brief amicus curiae of Manufacturers Association Work Group filed. (Distributed) |
| Sep 15 2006 |
Motion of Alabama, et al. for leave to participate in oral argument as amici curiae and for divided argument filed. |
| Sep 15 2006 |
Brief of respondent Duke Energy Corporation filed. (Distributed) |
| Sep 15 2006 |
Brief amici curiae of Alabama, et al. filed. (Distributed) |
| Sep 15 2006 |
Brief amicus curiae of Electric Utility Industry filed. (Distributed) |
| Sep 15 2006 |
Brief amicus curiae of APA Watch filed. (Distributed) |
| Sep 15 2006 |
Brief amicus curiae of National Environmental Development Association filed. (Distributed) |
| Sep 15 2006 |
Brief amicus curiae of Walter C. Barber filed. (Distributed) |
| Sep 15 2006 |
Brief amicus curiae of U.S. Representative Joe L Barton filed. (Distributed) |
| Sep 15 2006 |
Brief amici curiae of International Brotherhood of Boilermakers, et al. filed. (Distributed) |
| Sep 15 2006 |
Brief amici curiae of American Public Power Association and National Rural Electric Cooperative Association filed. (Distributed) |
| Sep 15 2006 |
Brief amicus curiae of Washington Legal Foundation filed. (Distributed) |
| Sep 15 2006 |
Brief amici curiae of Law Professors filed. (Distributed) |
| Sep 18 2006 |
Motion for divided argument filed by the Solicitor General. |
| Sep 18 2006 |
Petitioners' response to motion of Alabama, et al. for leave to participate in oral argument as amici curiae and for divided argument filed. |
| Sep 22 2006 |
DISTRIBUTED for Conference of September 25, 2006. |
| Sep 28 2006 |
Record received from U.S.C.A. for 4th Circuit. (1 box) |
| Oct 2 2006 |
Motion of Alabama, et al. for leave to participate in oral argument as amicus curiae and for divided argument DENIED. |
| Oct 2 2006 |
Motion for divided argument filed by the Solicitor General GRANTED. |
| Oct 10 2006 |
Record received from U.S.D.C. for Middle District of North Carolina (Greensboro) (6 boxes) |
| Oct 19 2006 |
Reply of petitioners Environmental Defense, et al. filed. (Distributed).
|
| Oct 20 2006 |
Reply of United States as respondent supporting peittioners filed. (Distributed). |
| Oct 27 2006 |
Petitioner's proposed lodging approved and filed (20 copies each of the brief of Industry Petitioners, settlement agreement, and certified CA-4 transcript). DISTRIBUTED. |
| Nov 1 2006 |
Argued. For petitioners: Sean H. Donahue, Washington, D.C. For respondent United States in support of petitioners: Thomas G. Hungar, Deputy Solicitor General, Department of Justice, Washington, D.C. For respondent Duke Energy Corporation: Carter G. Phillips, Washington, D.C. |
| Apr 2 2007 |
Judgment VACATED and case REMANDED. Souter, J., delivered the opinion of the Court, in which Roberts, C. J., and Stevens, Scalia, Kennedy, Ginsburg, Breyer, and Alito, JJ., joined, and in which Thomas, J., joined as to all but Part III-A. Thomas, J. filed an opinion concurring in part. |
| May 4 2007 |
JUDGMENT ISSUED. |
| Jun 13 2007 |
Record returned to U.S.D.C. for the Middle District of North Carolina. |
| Oct 30 2007 |
Record returned to U.S.C.A. for the 4th Circuit. |