No. 21-1550

Suncor Energy (U.S.A.) Inc., et al. v. Board of County Commissioners of Boulder County, et al.

Lower Court: Tenth Circuit
Docketed: 2022-06-10
Status: Denied
Type: Paid
CVSGAmici (7)Relisted (2) Experienced Counsel
Tags: civil-procedure climate-change federal-common-law federal-jurisdiction greenhouse-gas-emissions standing
Key Terms:
Environmental AdministrativeLaw Jurisdiction JusticiabilityDoctri
Latest Conference: 2023-04-21 (distributed 2 times)
Question Presented (AI Summary)

Whether federal common law necessarily and exclusively governs claims seeking redress for injuries allegedly caused by the effect of interstate greenhouse-gas emissions on the global climate

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether federal common law necessarily and exclusively governs claims seeking redress for injuries allegedly caused by the effect of interstate greenhouse-gas emissions on the global climate. 2. Whether a federal district court has jurisdiction under 28 U.S.C. 1331 over claims necessarily and exclusively governed by federal common law but labeled as arising under state law. (1)

Docket Entries

2023-04-24
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition. Justice Kavanaugh would grant the petition for a writ of certiorari.
2023-04-10
Supplemental brief of respondents Board of County Commissioners of Boulder County, et al. filed. (Distributed)
2023-04-05
Supplemental brief of petitioners Suncor Energy (U.S.A.) Inc., et al. filed. (Distributed)
2023-04-05
DISTRIBUTED for Conference of 4/21/2023.
2023-03-16
Brief amicus curiae of United States filed.
2022-10-03
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
2022-08-24
Reply of petitioners Suncor Energy (U.S.A.) Inc., et al. filed. (Distributed)
2022-08-24
DISTRIBUTED for Conference of 9/28/2022.
2022-08-10
Brief of respondents Board of County Commissioners of Boulder County, et al. in opposition filed.
2022-07-11
Brief amicus curiae of American Petroleum Institute filed.
2022-07-11
Brief amicus curiae of Washington Legal Foundation filed.
2022-07-11
Brief amici curiae of Indiana, et al. filed.
2022-07-11
Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
2022-07-08
Brief amicus curiae of the National Association of Manufacturers filed.
2022-07-07
Brief amici curiae of Atlantic Legal Foundation & DRI Center for Law and Public Policy filed.
2022-07-01
Motion to extend the time to file a response is granted and the time is extended to and including August 10, 2022.
2022-06-30
Motion to extend the time to file a response from July 11, 2022 to August 10, 2022, submitted to The Clerk.
2022-06-21
Blanket Consent filed by Petitioner, Suncor Energy (U.S.A.) Inc., et al.
2022-06-08
Petition for a writ of certiorari filed. (Response due July 11, 2022)
2022-06-06
Application (21A662) denied by Justice Gorsuch.
2022-05-26
Application (21A662) to extend further the time from June 8, 2022 to July 8, 2022, submitted to Justice Gorsuch.
2022-04-29
Application (21A662) granted by Justice Gorsuch extending the time to file until June 8, 2022.
2022-04-26
Application (21A662) to extend the time to file a petition for a writ of certiorari from May 9, 2022 to June 8, 2022, submitted to Justice Gorsuch.

Attorneys

American Petroleum Institute
Mark Andrew PerryWeil, Gotshal & Manges, LLP, Amicus
Atlantic Legal Foundation & DRI Center for Law and Public Policy
Lawrence S. EbnerAtlantic Legal Foundation, Amicus
Board of County Commissioners of Boulder County, et al.
Marco Benjamin SimonsEarthRights International, Respondent
Richard L. HerzEarthRights International, Respondent
States of Indiana, Alabama, Alaska, Arkansas, Georgia, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, Texas, Utah, and Wyoming
Thomas M. FisherOffice of the Indiana Attorney General, Amicus
Suncor Energy (U.S.A.) Inc., et al.
Kannon K. ShanmugamPaul, Weiss, Rifkind, Wharton & Garrison LLP, Petitioner
The Chamber of Commerce of the United States of America
William McGinley JayGoodwin Procter, LLP, Amicus
The National Association of Manufacturers
Philip S. GoldbergShook Hardy & Bacon LLP, Amicus
United States
Elizabeth B. PrelogarSolicitor General, Amicus
Washington Legal Foundation
John Mercer Masslon IIWashington Legal Foundation, Amicus