| Date | Proceedings and Orders |
|
| 11/15/2005 | | Application (05A441) to extend the time to file a petition for a writ of certiorari from November 28, 2005 to January 12, 2006, submitted to The Chief Justice. |
| 11/17/2005 | | Response to application from respondent Duke Energy Corporation filed. |
| 11/17/2005 | | Application (05A441) granted by The Chief Justice extending the time to file until December 28, 2005. |
| 12/28/2005 | | Petition for a writ of certiorari filed. (Response due February 6, 2006) |
| 1/31/2006 | | Order extending time to file response to petition to and including March 8, 2006, for all respondents. |
| 3/7/2006 | | Brief amici curiae of New York, et al. filed. |
| 3/8/2006 | | Brief of respondent United States in opposition filed. |
| 3/8/2006 | | Brief of respondent Duke Energy Corporation in opposition filed. |
| 3/8/2006 | | Brief amici curiae of National Parks Conservation Association, et al. filed. |
| 3/21/2006 | | Reply of petitioners Environmental Defense, et al. filed. (Distributed) |
| 3/22/2006 | | DISTRIBUTED for Conference of April 14, 2006. |
| 4/17/2006 | | DISTRIBUTED for Conference of April 21, 2006. |
| 4/24/2006 | | DISTRIBUTED for Conference of April 28, 2006. |
| 5/8/2006 | | DISTRIBUTED for Conference of May 11, 2006. |
| 5/15/2006 | | Petition GRANTED. |
| 5/22/2006 | | Extension of time within which to file the joint appendix and petitioners' brief on the merits to and including July 21, 2006. |
| 6/5/2006 | | Consent for the filing of amicus briefs in support of either/neither party received from counsel for the respondent. |
| 6/5/2006 | | Extension of time within which to file the respondent's brief on the merits to and including September 15, 2006. |
| 7/5/2006 | | Consent to the filing of amicus briefs in support of either party received from counsel for the petitioners. |
| 7/21/2006 | | Brief amici curiae of Chesapeake Bay Foundation and Adirondack Mountain Club filed. |
| 7/21/2006 | | Brief amici curiae of STAPPA and ALAPCO |
| 7/21/2006 | | Brief amici curiae of New Jersey, et al. filed. |
| 7/21/2006 | | Brief of respondent United States in support filed. |
| 7/21/2006 | | Joint appendix filed. (Joint appendix in two volumes). |
| 7/21/2006 | | Brief of petitioners Environmental Defense, et al. filed. |
| 7/21/2006 | | Brief amici curiae of Law Professors John E. Bonine, et al. filed. |
| 7/21/2006 | | Brief amici curiae of New York, et al. filed. |
| 7/21/2006 | | Brief amici curiae of American Lung Association, et al. filed. |
| 7/21/2006 | | Brief amici curiae of National Parks Conservation Association, et al. filed. |
| 7/21/2006 | | Brief amici curiae of Former EPA Administrators Carol M.Browner and Russell E. Train filed. |
| 7/21/2006 | | Brief amici curiae of Current and Former Members of Congress Henry Waxman, et al. filed. |
| 8/14/2006 | | SET FOR ARGUMENT on Wednesday, November 1, 2006. |
| 8/14/2006 | | CIRCULATED. |
| 9/15/2006 | | Brief amicus curiae of Manufacturers Association Work Group filed. (Distributed) |
| 9/15/2006 | | Motion of Alabama, et al. for leave to participate in oral argument as amici curiae and for divided argument filed. |
| 9/15/2006 | | Brief of respondent Duke Energy Corporation filed. (Distributed) |
| 9/15/2006 | | Brief amici curiae of Alabama, et al. filed. (Distributed) |
| 9/15/2006 | | Brief amicus curiae of Electric Utility Industry filed. (Distributed) |
| 9/15/2006 | | Brief amicus curiae of APA Watch filed. (Distributed) |
| 9/15/2006 | | Brief amicus curiae of National Environmental Development Association filed. (Distributed) |
| 9/15/2006 | | Brief amicus curiae of Walter C. Barber filed. (Distributed) |
| 9/15/2006 | | Brief amicus curiae of U.S. Representative Joe L Barton filed. (Distributed) |
| 9/15/2006 | | Brief amici curiae of International Brotherhood of Boilermakers, et al. filed. (Distributed) |
| 9/15/2006 | | Brief amici curiae of American Public Power Association and National Rural Electric Cooperative Association filed. (Distributed) |
| 9/15/2006 | | Brief amicus curiae of Washington Legal Foundation filed. (Distributed) |
| 9/15/2006 | | Brief amici curiae of Law Professors filed. (Distributed) |
| 9/18/2006 | | Motion for divided argument filed by the Solicitor General. |
| 9/18/2006 | | Petitioners' response to motion of Alabama, et al. for leave to participate in oral argument as amici curiae and for divided argument filed. |
| 9/22/2006 | | DISTRIBUTED for Conference of September 25, 2006. |
| 9/28/2006 | | Record received from U.S.C.A. for 4th Circuit. (1 box) |
| 10/2/2006 | | Motion of Alabama, et al. for leave to participate in oral argument as amicus curiae and for divided argument DENIED. |
| 10/2/2006 | | Motion for divided argument filed by the Solicitor General GRANTED. |
| 10/10/2006 | | Record received from U.S.D.C. for Middle District of North Carolina (Greensboro) (6 boxes) |
| 10/19/2006 | | Reply of petitioners Environmental Defense, et al. filed. (Distributed). |
| 10/20/2006 | | Reply of United States as respondent supporting peittioners filed. (Distributed). |
| 10/27/2006 | | Petitioner's proposed lodging approved and filed (20 copies each of the brief of Industry Petitioners, settlement agreement, and certified CA-4 transcript). DISTRIBUTED. |
| 11/1/2006 | | Argued. For petitioners: Sean H. Donahue, Washington, D.C. For respondent United States in support of petitioners: Thomas G. Hungar, Deputy Solicitor General, Department of Justice, Washington, D.C. For respondent Duke Energy Corporation: Carter G. Phillips, Washington, D.C. |
| 4/2/2007 | | Judgment VACATED and case REMANDED. Souter, J., delivered the opinion of the Court, in which Roberts, C. J., and Stevens, Scalia, Kennedy, Ginsburg, Breyer, and Alito, JJ., joined, and in which Thomas, J., joined as to all but Part III-A. Thomas, J. filed an opinion concurring in part. |
| 5/4/2007 | | JUDGMENT ISSUED. |
| 6/13/2007 | | Record returned to U.S.D.C. for the Middle District of North Carolina. |
| 10/30/2007 | | Record returned to U.S.C.A. for the 4th Circuit. |
