No. 24-13

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

Lower Court: District of Columbia
Docketed: 2024-07-09
Status: Denied
Type: Paid
Amici (3)Response WaivedRelisted (8) Experienced Counsel
Tags: commerce-clause constitutional-structure environmental-regulation equal-sovereignty federal-government federalism sovereign-power state-equality state-power
Key Terms:
Environmental SocialSecurity Securities JusticiabilityDoctri
Latest Conference: 2024-12-13 (distributed 8 times)
Related Cases: 24-7 (Vide)
Question Presented (AI Summary)

May Congress pass a law under the Commerce Clause that empowers one State to exercise sovereign power that the law denies to all other States?

Question Presented (OCR Extract)

QUESTION PRESENTED Over a century ago, this Court remarked that “the whole Federal system is based upon the fundamental principle of the equality of the states under the Constitution.” Bolln v. Nebraska, 176 U.S. 83, 89 (1900). It continued: “The idea that one state is debarred, while the others are granted, the privilege of amending their organic laws to conform to the wishes of their inhabitants, is so repugnant to the theory of their equality under the Constitution that it cannot be entertained even if Congress had power to make such discrimination.” Id. Are those words just a fin de siécle sentiment, or do they endure today? The Question Presented is: May Congress pass a law under the Commerce Clause that empowers one State to exercise sovereign power that the law denies to all other States?

Docket Entries

2024-12-16
Petition DENIED. Justice Thomas would grant the petition for a writ of certiorari.
2024-12-09
DISTRIBUTED for Conference of 12/13/2024.
2024-12-02
DISTRIBUTED for Conference of 12/6/2024.
2024-11-18
DISTRIBUTED for Conference of 11/22/2024.
2024-11-12
DISTRIBUTED for Conference of 11/15/2024.
2024-11-04
DISTRIBUTED for Conference of 11/8/2024.
2024-10-28
DISTRIBUTED for Conference of 11/1/2024.
2024-10-15
DISTRIBUTED for Conference of 10/18/2024.
2024-09-25
DISTRIBUTED for Conference of 10/11/2024.
2024-09-23
2024-09-09
Brief of respondent Environmental Protection Agency in opposition filed.
2024-09-09
Waiver of right of respondents Natural Resources Defense Council, Inc., et al. to respond filed.
2024-09-09
Brief of Federal Respondents in opposition filed.
2024-09-09
Letter from Respondents of Natural Resources Defense Council, Inc. submitted.
2024-09-09
Brief of Environmental Protection Agency in opposition submitted.
2024-09-09
Brief of California in opposition submitted.
2024-08-08
2024-08-08
2024-08-08
Brief amici curiae of States of Iowa, Idaho, New Hampshire, North Dakota, South Dakota, Tennessee, Virginia, and Wyoming filed.
2024-08-07
Brief amici curiae of Specialty Equipment Market Association, et al. filed.
2024-08-05
Motion to extend the time to file a response is granted and the time is extended to and including September 9, 2024, for all respondents.
2024-08-01
Motion of the Solicitor General to extend the time to file a response from August 8, 2024 to September 9, 2024, submitted to The Clerk.
2024-08-01
Motion of EPA for an extension of time submitted.
2024-07-29
Motion to extend the time to file a response is granted and the time is extended to and including September 9, 2024, for all respondents.
2024-07-26
Motion to extend the time to file a response from August 8, 2024 to September 7, 2024, submitted to The Clerk.
2024-07-26
Motion of State of California for an extension of time submitted.
2024-07-05

Attorneys

EPA
Elizabeth B. PrelogarSolicitor General, Respondent
Federal Respondents
Elizabeth B. PrelogarSolicitor General, Respondent
Natural Resources Defense Council, Inc.
Ian Michael FeinNatural Resources Defense Council, Respondent
Ian Michael FeinNatural Resources Defense Council, Respondent
Ohio, et al.
Michael Jason HendershotOhio Attorney General's Office, Petitioner
Thomas Elliot GaiserOffice of the Ohio Attorney General, Petitioner
Thomas Elliot GaiserOffice of the Ohio Attorney General, Petitioner
Michael Jason HendershotOhio Attorney General's Office, Petitioner
Organizations Committed to Constitutional Government
Riddhi DasguptaTaft, Stettinius & Hollister LLP, Amicus
Riddhi DasguptaTaft, Stettinius & Hollister LLP, Amicus
Specialty Equipment Market Association & Performance Racing, Inc.
Heidi Karin AbeggWebster, Chamberlain and Bean, Amicus
Heidi Karin AbeggWebster, Chamberlain and Bean, Amicus
State of California
Joshua A. KleinCalifornia Department of Justice, Respondent
State Respondents
Joshua A. KleinCalifornia Department of Justice, Respondent
States of Iowa, Idaho, New Hampshire, North Dakota, South Dakota, Tennessee, Virginia, and Wyoming
Eric Harris WessanIowa Dept. of Justice, Amicus
Eric Harris WessanIowa Dept. of Justice, Amicus