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Diamond Alternative Energy LLC v. Environmental Protection Agency

Docket No. Op. Below Argument Opinion Vote Author Term
24-7 D.C. Cir. Apr 23, 2025 TBD TBD TBD OT 2024

Issue: (1) Whether a party may establish the redressability component of Article III standing by relying on the coercive and predictable effects of regulation on third parties.

DateProceedings and Orders (key to color coding)
07/02/2024Petition for a writ of certiorari filed. (Response due August 7, 2024)
07/26/2024Motion to extend the time to file a response from August 7, 2024 to September 7, 2024, submitted to The Clerk.
07/29/2024Motion to extend the time to file a response is granted and the time is extended to and including September 9, 2024, for all respondents.
08/01/2024Motion of the Solictor General to extend the time to file a response from August 7, 2024 to September 6, 2024, submitted to The Clerk.
08/05/2024Motion to extend the time to file a response is granted. The time to file responses has been extended to and including September 9, 2024, for all respondents.
08/06/2024Brief amici curiae of Organizations Committed to Constitutional Government filed. VIDED.
08/07/2024Brief amici curiae of Texas Oil & Gas Association, et al. filed.
08/07/2024Brief amicus curiae of ConservAmerica filed.
08/07/2024Brief amicus curiae of American Petroleum Institute filed.
08/07/2024Brief amicus curiae of Competitive Enterprise Institute filed.
08/07/2024Brief amicus curiae of The Sulphur Institute filed.
08/07/2024Brief amici curiae of Texas Royalty Council, et al. filed.
08/07/2024Brief amici curiae of Specialty Equipment Market Association, et al. filed. VIDED
08/07/2024Brief amici curiae of Western States Petroleum Association, et al. filed.
08/07/2024Brief amicus curiae of The Two Hundred for Homeownership filed.
08/07/2024Brief amici curiae of Advancing American Freedom, et al. filed.
08/07/2024Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
08/07/2024Brief amici curiae of California Business Roundtable, et al. filed.
09/09/2024Brief of State Respondents in opposition filed. VIDED.
09/09/2024Brief of Federal Respondents in opposition filed.
09/09/2024Waiver of right of respondents Natural Resources Defense Council, Inc., et al. to respond filed.
09/23/2024Reply of petitioners Diamond Alternative Energy, LLC, et al. filed. (Distributed)
09/25/2024DISTRIBUTED for Conference of 10/11/2024.
10/15/2024DISTRIBUTED for Conference of 10/18/2024.
10/23/2024Letter of October 23, 2024 from counsel for petitioners filed. (Distributed)
10/28/2024DISTRIBUTED for Conference of 11/1/2024.
10/29/2024Letter of October 29, 2024, of California et al., in response filed. (Distributed)
11/04/2024DISTRIBUTED for Conference of 11/8/2024.
11/12/2024DISTRIBUTED for Conference of 11/15/2024.
11/18/2024DISTRIBUTED for Conference of 11/22/2024.
12/02/2024DISTRIBUTED for Conference of 12/6/2024.
12/09/2024DISTRIBUTED for Conference of 12/13/2024.
12/13/2024Petition GRANTED limited to Question 1 presented by the petition.
01/24/2025Motion to hold the briefing schedule in abeyance filed by federal respondents. (Distributed)
01/27/2025Brief of petitioners Diamond Alternative Energy, LLC, et al. filed.
01/27/2025Joint appendix filed.
01/29/2025Response in opposition to motion to hold the briefing schedule in abeyance from petitioners Diamond Alternative Energy, LLC, et al. filed. (Distributed)
01/31/2025Brief amici curiae of Foothill Church and Cedar Park Assembly of God of Kirkland, Washington filed.
02/03/2025Brief amicus curiae of The Two Hundred for Homeownership filed.
02/03/2025Brief amicus curiae of ConservAmerica filed.
02/03/2025Brief amicus curiae of American Petroleum Institute filed.
02/03/2025Brief amicus curiae of The Sulphur Institute filed.
02/03/2025Brief amici curiae of Advancing American Freedom, et al. filed.
02/03/2025Brief amici curiae of Our Children’s Trust, et al. in support of neither party filed.
02/03/2025Brief amici curiae of Western States Petroleum Association, et al. filed.
02/03/2025Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
02/03/2025Brief amici curiae of Texas Oil & Gas Association, et al. filed.
02/03/2025Brief amici curiae of Texas Royalty Council, et al. filed.
02/03/2025Brief amicus curiae of Cato Institute filed.
02/06/2025Motion of the federal respondents to hold the briefing schedule in abeyance DENIED.
02/10/2025Motion of respondents for an extension of time within which to file respondents' briefs on the merits filed.
02/13/2025Motion of respondents to extend the time to file respondents' briefs on the merits granted and the time is extended to and including March 12, 2025.
02/24/2025SET FOR ARGUMENT on Wednesday, April 23, 2025.
02/27/2025Record requested from the United States Court of Appeals for the District of Columbia Circuit.
03/12/2025Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
03/12/2025Brief of federal respondents filed.
03/12/2025Brief of state respondents filed.
03/12/2025Letter of respondents Natural Resources Defense Council, et al. (the public interest organizations) notifying the Clerk they do not intend to file a brief on the merits filed.
03/18/2025Brief amicus curiae of Professor F. Andrew Hessick filed. (Distributed)
03/19/2025CIRCULATED
03/19/2025Motion for divided argument filed by the Acting Solicitor General.
03/19/2025Brief amici curiae of International Council on Clean Transportation, et al. filed. (Distributed)
03/19/2025Brief amici curiae of Professor Heather Elliott, et al. filed. (Distributed)
03/31/2025Motion for divided argument filed by the Acting Solicitor General GRANTED.
04/09/2025Reply of petitioners Diamond Alternative Energy, LLC, et al. filed. (Distributed)