Decided

No. 23-1067

Oklahoma, et al. v. Environmental Protection Agency, et al.

from the United States Court of Appeals for the Tenth Circuit

See other cases from the Tenth Circuit.

Docket Entries

Judgment Issued.

Judgment REVERSED and case REMANDED. Thomas, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/24pdf/23-1067_6j36.pdf'>opinion</a> of the Court, in which Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment, in which Roberts, C. J., joined. Alito, J., took no part in the consideration or decision of the case. VIDED.

Letter from petitioners in 23-1067 notifying Court of March 25, 2025 decision of the 5th Circuit in cited case, 23-60069, Texas v. EPA, filed (opinion attached).

Argued. For petitioners in 23-1067: Mithun Mansinghani, Oklahoma City, Okla. For petitioners in 23-1068: Misha Tseytlin, Chicago, Ill. For respondents: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.

Motion for divided argument filed by petitioners GRANTED. Justice Alito took no part in the consideration or decision of this motion. VIDED.

CIRCULATED

Reply of petitioners Oklahoma, et al. filed (as to 23-1067). (Distributed)

Reply of petitioners PacifiCorp, et al. filed (as to 23-1068). (Distributed)

Record received electronically from the United States Court of Appeals for the Tenth Circuit and available with the Clerk.

Record requested from the United States Court of Appeals for the Tenth Circuit.

SET FOR ARGUMENT on Tuesday, March 25, 2025. VIDED.

Motion of the Acting Solicitor General to hold the briefing schedule in abeyance DENIED. Justice Alito took no part in the consideration or decision of this motion. VIDED.

Response in opposition to motion to hold the briefing schedule in abeyance from petitioners PacifiCorp, et al. filed. (Distributed)

Response in opposition to motion to hold the briefing schedule in abeyance from petitioners Oklahoma, et al. filed. (Distributed)

Motion to hold the briefing schedule in abeyance filed by respondents EPA, et al. VIDED. (Distributed)

Motion for divided argument filed by petitioners. VIDED.

Brief amici curiae of Jonathan Cannon, et al. filed. VIDED.

Brief amici curiae of New York, et al. filed. VIDED.

Brief of respondents EPA, et al. filed. VIDED.

Brief amici curiae of U.S. Senator Mike Lee, et al. (as to 23-1067) filed.

Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed. VIDED.

Brief amici curiae of Arkansas, et al. filed. VIDED.

Joint appendix filed. VIDED. (Statement of costs filed)

Brief of petitioners Oklahoma, et al. (as to 23-1067) filed.

Brief of petitioners PacifiCorp, et al. (as to 23-1068) filed.

Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' briefs on the merits is extended to and including December 13, 2024. The time to file respondents' brief on the merits is extended to and including January 17, 2025. VIDED.

Motion for an extension of time to file the briefs on the merits filed. VIDED.

Because 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. 23-1067. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 23-1067. 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.”

Petition GRANTED. The petition for a writ of certiorari in No. 23-1068 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. Justice Alito took no part in the consideration or decision of these petitions. VIDED.

DISTRIBUTED for Conference of 10/18/2024.

DISTRIBUTED for Conference of 10/11/2024.

DISTRIBUTED for Conference of 9/30/2024.

Reply of petitioners Oklahoma, et al. filed.

Rescheduled.

DISTRIBUTED for Conference of 6/13/2024.

Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.

Brief for the Federal Respondents filed. VIDED.

Brief amici curiae of U.S. Senators Mike Lee, et al. filed.

Brief amici curiae of Arkansas, et al. filed.

Motion to extend the time to file a response is granted and the time is extended to and including May 21, 2024.

Motion to extend the time to file a response from May 1, 2024 to May 21, 2024, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due May 1, 2024)

Parties

Oklahoma, et al., Petitioner, represented by Mithun Mansinghani

PacifiCorp, et al., Petitioner, represented by Misha Tseytlin

State of Utah, Petitioner, represented by Stanford Edward Purser

State of Utah, Petitioner, represented by Emily Church Schilling

State of Utah, Petitioner, represented by Kristina Renee Van Bockern

EPA, et al., Respondent, represented by D. John Sauer

Amici Curiae

Chamber of Commerce of the United States of America, Amicus Curiae, represented by Jeremy Charles Marwell

Former EPA General Counsels Jonathan Cannon, E. Donald Elliott, and Avi Garbow, Amicus Curiae, represented by Matthew Jeffrey Sanders

Former EPA General Counsels Jonathan Cannon, E. Donald Elliott, and Avi Garbow, Amicus Curiae, represented by Deborah A. Sivas

State of Arkansas, et al., Amicus Curiae, represented by Nicholas Jacob Bronni

States of New York, Arizona, Connecticut, Delaware, Hawai‘i, Illinois, Maine, Mary¬land, Massachusetts, Michigan, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, and Wisconsin; the District of Columbia; Harris County, Texas; and the City of New York, Amicus Curiae, represented by Barbara Dale Underwood

U.S. Senators Mike Lee, Cynthia Lummis, Roger Marshall, and Ted Budd, Amicus Curiae, represented by R. Trent McCotter

 
Last updated: April 18, 2026