No. 18-881
American Fuel & Petrochemical Manufacturers, et al. v. Jane O’Keeffe, et al.
Tags: commerce-clause commerce-clause,extraterritorial-regulation,inters constitutional-law due-process extraterritorial-regulation foreign-commerce fuel-regulation interstate-commerce standing state-discrimination
Key Terms:
AdministrativeLaw SocialSecurity Securities Immigration LaborRelations
AdministrativeLaw SocialSecurity Securities Immigration LaborRelations
Latest Conference:
2019-05-09
Question Presented (AI Summary)
Whether the Oregon Fuel Program violates the United States Constitution by restricting transportation fuel imports based on a 'life-cycle analysis' that regulates the manner in which the fuels are produced and transported in interstate and foreign commerce
Question Presented (OCR Extract)
QUESTIONS PRESENTED 1. Whether the Oregon Fuel Program—which restricts transportation fuel imports based upon a “life-cycle analysis” that regulates the manner in which the fuels are produced and transported in interstate and foreign commerce—is an impermissible extraterritorial regulation that violates the United States Constitution. 2. Whether the Oregon Fuel Program—which is designed to require and has the effect of requiring outof-state competitors to subsidize in-state producers— violates the Commerce Clause. @)
Docket Entries
2019-05-13
Petition DENIED.
2019-04-23
DISTRIBUTED for Conference of 5/9/2019.
2019-04-22
Reply of petitioners American Fuel & Petrochemical Manufacturers, et al. filed.
2019-04-09
Waiver of right of respondents Oregon Environmental Council, et al. to respond filed.
2019-04-08
Waiver of right of respondent California Air Resources Board to respond filed.
2019-04-05
Brief of Oregon respondents and the State of Washington in opposition filed.
2019-03-05
Motion to extend the time to file a response is granted and the time is further extended to and including April 10, 2019, for all respondents.
2019-02-28
Motion to extend the time to file a response from March 11, 2019 to April 10, 2019, submitted to The Clerk.
2019-02-08
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
2019-02-08
Brief amici curiae of Pacific Legal Foundation, et al. filed.
2019-02-08
Brief amici curiae of Law Professors filed.
2019-02-08
Brief amici curiae of Western States Petroleum Association, et al. filed.
2019-02-08
Brief amici curiae of States of Indiana, et al. filed.
2019-01-31
Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2019, for all respondents.
2019-01-28
Blanket Consent filed by Respondent, Jane O'Keeffe, et al.(collectively, "the Oregon respondents").
2019-01-28
Motion to extend the time to file a response from February 8, 2019 to March 11, 2019, submitted to The Clerk.
2019-01-25
Blanket Consent filed by Petitioners, American Fuel & Petrochemical Manufacturers, et al..
2019-01-07
Petition for a writ of certiorari filed. (Response due February 8, 2019)
2018-11-15
Application (18A518) to extend the time to file a petition for a writ of certiorari from December 6, 2018 to January 7, 2019, submitted to Justice Kagan.
2018-11-15
Application (18A518) granted by Justice Kagan extending the time to file until January 7, 2019.
Attorneys
American Fuel & Petrochemical Manufacturers, et al.
Paul J. Zidlicky — Sidley Austin LLP, Petitioner
Paul J. Zidlicky — Sidley Austin LLP, Petitioner
California Air Resources Board
Chamber of Commerce of the United States of America and The National Association of Manufacturers
John Patrick Elwood — Vinson & Elkins, LLP, Amicus
John Patrick Elwood — Vinson & Elkins, LLP, Amicus
Climate Solutions
Amanda W. Goodin — Earthjustice, Respondent
Jane O'Keeffe, et al.
Law Professors
Ryan G. Koopmans — Belin McCormick, PC, Amicus
Ryan G. Koopmans — Belin McCormick, PC, Amicus
Oregon Environmental Council, et al.
Amanda W. Goodin — Earthjustice, Respondent
Amanda W. Goodin — Earthjustice, Respondent
Pacific Legal Foundation, Cato Institute, Competitive Enterprise Institute, Committee for a Constructive Tomorrow, Institute for Energy Research, Energy and Environment Legal Institute, 60 Plus Foundation, and Capital Research Center
States of Indiana, Alabama, Louisiana, Montana, Nebraska, Oklahoma, South Carolina, Texas and Utah
Thomas M. Fisher — Amicus
Thomas M. Fisher — Amicus
Western States Petroleum Association and American Petroleum Institute
Kevin Murray Fong — Pillsbury, Amicus
Kevin Murray Fong — Pillsbury, Amicus