US Supreme Court Docket

Supreme Court Docket

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[Download October 30, 2006 Argument Calendar PDF]
[Download November 27, 2006 Argument Calendar PDF]
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Environmental Defense v. Duke Energy Corporation
No. 05-848 Title:

Environmental Defense, et al. v. Duke Energy Corporation

Subject:

Clean Air Act, Environmental Law, Administrative Law, Utilities

Questions:

1. Whether the Fourth Circuit's decision violated Section 307(b) of the Act, which provides that national Clean Air Act regulations are subject to challenge "only" in the D.C. Circuit by petition for review filed within 60 days of their promulgation, and "shall not be subject to judicial review" in enforcement proceedings, 42 U.S.C. 7607(b); and
   
   
2. Whether the Act's definition of "modification," which turns on whether there is an "increase" in emissions and which applies to both the NSPS and PSD programs, rendered unlawful EPA's longstanding regulatory test defining PSD "increases" by reference to actual, annual emissions.

Decisions:

• U.S. Court of Appeals - 4th Circuit Opinion Filed: June 15, 2005
• United States Supreme Court, Cert. Granted: May 15, 2006

Resources:

• Docket Sheet From the U.S. Supreme Court.
• Northwestern University - Medill School of Journalism: On the Docket

Briefs:

    Parties

Petition Phase


• Brief in Opposition
• Petitioners' Reply Brief
  
  Merits Phase
  
  
• Petitioners' Brief
• Brief for the United States
  
  Amici Supporting Petitioners
  
• Amici Brief of Organizations of Agencies
• Amici Brief of States
• Amici Brief of Additional States
• Amici Brief of Professors
• Amici Brief of National Parks Conservations Ass'n, et al.
  
  Amici Supporting Respondent
  
• Amici Brief of Electric Utility Industry
• Amicus Brief of Manufacturers Association Work Group
• Amicus Brief of Washington Legal Foundation

Counsel of Record

For Petitioner Environmental Defense:

Sean H. Donahue
Washington, DC

For Respondent Duke Energy Corporation:

F. William Brownell
Hunton & Williams LLP
Washington, DC

 

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