Sierra Club, et al v. DOE, et al
| Sierra Club, Natural Resources Defense Council, Michigan Environmental Council, Environmental Defense Fund, Environmental Law and Policy Center, Vote Solar, Union of Concerned Scientists, Ecology Center and Urban Core Collective |
| United States Department of Energy and Christopher A. Wright, in his official capacity as Secretary of Energy |
| Consumers Energy Company, Institute for Policy Integrity at New York University School of Law, Joshua C. Macey, Joel B. Eisen, Alison Gocke, Sharon B. Jacobs, Alexandra B. Klass, Andrew McKinley, Felix Mormann, David Owen, Shelley Welton and Hannah Wiseman |
| 25-1160 |
| July 24, 2025 |
| U.S. Court of Appeals, D.C. Circuit |
| Other |
Docket Report
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| NOTICE [2153529] to participate as amicus curiae filed by Citizens Action Coalition of Indiana, Citizens Utility Board of Michigan, Citizens Utility Board of Minnesota, Citizens Utility Board of Wisconsin and Consumers Council of Missouri in 25-1159 [Service Date: 01/09/2025 ] [25-1159, 25-1160, 25-1162] (Carlesco, Adam) [Entered: 01/09/2026 10:27 AM] |
| PER ABOVE ORDER lodged amici brief [ # 2151951-2 ] is filed. [25-1159, 25-1160, 25-1162] [Entered: 01/05/2026 02:48 PM] |
| CLERK'S ORDER [2152925] filed granting motion to participate as amicus curiae [ # 2151950-2 ]. The Clerk is directed to file the lodged amici brief [ # 2151951-2 ]. [25-1159, 25-1160, 25-1162] [Entered: 01/05/2026 02:45 PM] |
| MOTION [2151982] for leave to intervene [Disclosure Listing: Attached] combined with MOTION to extend time filed by Consumers Energy Company [Service Date: 12/26/2025 ] [25-1159, 25-1160, 25-1162]--[Edited 12/29/2025 by LMM]--[Edited 01/06/2026 by EKC] (Schauf, Zachary) [Entered: 12/26/2025 04:14 PM] |
| AMICUS FOR PETITIONER BRIEF [2151951] lodged by The Niskanen Center, Professor Paul L. Joskow, and Professor Richard Schmalensee [Service Date: 12/23/2025 ] Length of Brief: 6,497 words. [25-1159, 25-1160, 25-1162]--[MODIFIED EVENT FROM FILED TO LODGED--Edited 12/29/2025 by LMM] (Gladd, Nicholas) [Entered: 12/23/2025 06:58 PM] |
| CONSENT MOTION [2151950] to participate as amicus curiae [Disclosure Listing: Attached] filed by The Niskanen Center, Professor Paul L. Joskow, and Professor Richard Schmalensee [Service Date: 12/23/2025 ] [25-1159, 25-1160, 25-1162]--[Edited 12/29/2025 by LMM] (Gladd, Nicholas) [Entered: 12/23/2025 06:32 PM] |
| AMICUS FOR PETITIONER BRIEF [2151895] filed by Citizens Action Coalition of Indiana, Citizens Utility Board of Michigan, Citizens Utility Board of Minnesota, Citizens Utility Board of Wisconsin, and Consumers Council of Missouri [Service Date: 12/23/2025 ] Length of Brief: This brief uses a 14-point proportionally spaced serifed font and contains 5,666 words as determined by the word processing system, excluding the parts of the brief exempted by Fed. R. App. P. 32(f) and Circuit Rule 32(e)(1).. [25-1159, 25-1160, 25-1162] (Carlesco, Adam) [Entered: 12/23/2025 03:16 PM] |
| CONSENT AMICUS FOR PETITIONER FINAL BRIEF [2151890] filed by Joel B. Eisen, Alison Gocke, Sharon B. Jacobs, Alexandra B. Klass, Joshua C. Macey, Andrew McKinley, Felix Mormann, David Owen, Shelley Welton and Hannah Wiseman in 25-1159, 25-1160, 25-1162 [Service Date: 12/23/2025 ] Length of Brief: 6416. [25-1159, 25-1160, 25-1162] (Duffy, James) [Entered: 12/23/2025 03:08 PM] |
| NOTICE [2151848] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Energy Law Scholars [Service Date: 12/23/2025 ] [25-1159, 25-1160, 25-1162] [Edited 12/23/2025 by EKC] (Duffy, James) [Entered: 12/23/2025 01:14 PM] |
| PETITIONER BRIEF [2151373] filed by People of the State of Michigan in 25-1159 [Service Date: 12/19/2025 ] Length of Brief: 9,950 words. [25-1159, 25-1160, 25-1162] (Wollenzien, Lucas) [Entered: 12/19/2025 03:47 PM] |
| CONSENT AMICUS FOR PETITIONER BRIEF [2151447] filed by Institute for Policy Integrity at New York University School of Law in 25-1159, 25-1160, 25-1162 [Service Date: 12/19/2025 ] Length of Brief: 5717 Words. [25-1159, 25-1160, 25-1162] (Danis, Jennifer) [Entered: 12/19/2025 09:00 PM] |
| PETITIONER BRIEF [2151437] filed by Sierra Club, Natural Resources Defense Council, Michigan Environmental Council, Environmental Defense Fund, Environmental Law and Policy Center, Vote Solar, Union of Concerned Scientists, Ecology Center and Urban Core Collective in 25-1160 [Service Date: 12/19/2025 ] Length of Brief: 9,992 Words. [25-1159, 25-1160, 25-1162] (Chagnon, Benjamin) [Entered: 12/19/2025 08:05 PM] |
| ENTRY OF APPEARANCE [2150967] filed by Jennifer Danis and co-counsel Daniel J. Jones on behalf of Amicus Curiae for Petitioner Institute for Policy Integrity at New York University School of Law in 25-1159, 25-1160, 25-1162. [25-1159, 25-1160, 25-1162] (Danis, Jennifer) [Entered: 12/17/2025 04:55 PM] |
| NOTICE [2149591] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Institute for Policy Integrity at New York University School of Law [Service Date: 12/09/2025 ] [25-1159, 25-1160, 25-1162] [Edited 12/10/2025 by EKC] (Danis, Jennifer) [Entered: 12/09/2025 05:11 PM] |
| CLERK'S ORDER [2148198] filed ORDERED, on the court's own motion, that the court's November 20, 2025 order [ # 2146369-4 ] be corrected to reflect that the petitioners reply briefs are not to exceed 10,000 words, to be divided between up to two briefs. [25-1159, 25-1160, 25-1162] [Entered: 12/02/2025 02:49 PM] |
| PER CURIAM ORDER [2146369] filed ORDERED that the motion to intervene [ # 2131981-2 ] be denied. It is FURTHER ORDERED, on the courts own motion, that the Maryland Office of Peoples Counsel be permitted to participate as amicus curiae and may file an amicus brief that conforms with Federal Rule of Appellate Procedure 29 and D.C. Circuit Rule 29. It is FURTHER ORDERED that the following briefing schedule and format will apply in these consolidated cases: Petitioners Opening Briefs due 12/19/2025. Respondents Brief due 02/24/2026. Respondent-Intervenors Brief due 02/24/2026. Petitioners Reply Briefs due 03/17/2026. Joint Appendix due 03/17/2026. Final Briefs due 03/20/2026. It is FURTHER ORDERED that, while not otherwise limited, the parties are directed to address in their briefs whether these cases have been mooted by the expiration of the Department of Energys May 23, 2025 order (SEE ORDER FOR MORE DETAILS). Before Judges: Henderson, Wilkins and Pan. [25-1159, 25-1160, 25-1162]--[Edited 12/02/2025 by SHA-Document Replaced by Clerk's Office] [Entered: 11/20/2025 12:51 PM] |
| CLERK'S ORDER [2144868] filed granting motion for leave to intervene [ # 2131699-2 ] in 25-1159 [25-1159, 25-1160, 25-1162] [Entered: 11/12/2025 12:57 PM] |
| UNOPPOSED MOTION [2139759] to establish briefing schedule filed by People of the State of Michigan in 25-1159, Ecology Center, Environmental Defense Fund, Environmental Law and Policy Center, Michigan Environmental Council, Natural Resources Defense Council, Sierra Club, Union of Concerned Scientists, Urban Core Collective and Vote Solar in 25-1160, State of Illinois and State of Minnesota in 25-1162 [Service Date: 10/10/2025 ] Length Certification: 1,547 words. [25-1159, 25-1160, 25-1162] (Yun, Jennifer) [Entered: 10/10/2025 10:30 AM] |
| ENTRY OF APPEARANCE [2139149] filed by Benjamin Chagnon and co-counsel Jennifer Yun on behalf of Petitioners Sierra Club and Urban Core Collective in 25-1160. [25-1160, 25-1159, 25-1162] (Yun, Jennifer) [Entered: 10/07/2025 10:36 AM] |
| ENTRY OF APPEARANCE [2139203] filed by Danielle C. Fidler and co-counsel Veronica Saltzman on behalf of Petitioner Michigan Environmental Council in 25-1160. [25-1160, 25-1159, 25-1162] (Saltzman, Veronica) [Entered: 10/07/2025 12:47 PM] |
| REPLY [2134738] filed by Maryland Office of People's Counsel in 25-1159 to response [ # 2133460-2 ] [Service Date: 09/12/2025 by CM/ECF NDA] Length Certification: 910 Words. [25-1159, 25-1160, 25-1162] (Lewis, Alexis) [Entered: 09/12/2025 04:49 PM] |
| CERTIFIED INDEX TO RECORD [2133991] filed by DOE and Christopher A. Wright in 25-1159, 25-1160, 25-1162 [Service Date: 09/08/2025 ] [25-1159, 25-1160, 25-1162] (Jaffe, Rebecca) [Entered: 09/08/2025 09:32 PM] |
| ENTRY OF APPEARANCE [2133906] filed by Christopher M. Bzdok on behalf of Petitioner People of the State of Michigan in 25-1159. [25-1159, 25-1162, 25-1160] (Bzdok, Christopher) [Entered: 09/08/2025 01:00 PM] |
| RESPONSE IN OPPOSITION [2133460] to motion for leave to intervene [ # 2131981-2 ] filed by DOE and Christopher A. Wright in 25-1159, 25-1160, 25-1162 [Service Date: 09/04/2025 by CM/ECF NDA] Length Certification: 2,238 words. [25-1159, 25-1160, 25-1162] (Jaffe, Rebecca) [Entered: 09/04/2025 12:27 PM] |
| DOCKETING STATEMENT AND CERTIFICATE AS TO PARTIES, RULINGS, & RELATED CASES [2132351] filed by State of Minnesota and State of Illinois in 25-1162 [Service Date: 08/27/2025 ] [25-1162, 25-1159, 25-1160]--[Edited 08/28/2025 by LMM] (Surdo, Peter) [Entered: 08/27/2025 04:38 PM] |
| DOCKETING STATEMENT [2132322] filed by Sierra Club, Natural Resources Defense Council, Michigan Environmental Council, Environmental Defense Fund, Environmental Law and Policy Center, Vote Solar, Union of Concerned Scientists, Ecology Center and Urban Core Collective [Service Date: 08/27/2025 ] [25-1160] (Chagnon, Benjamin) [Entered: 08/27/2025 03:42 PM] |
| STATEMENT OF ISSUES [2132320] filed by Sierra Club, Natural Resources Defense Council, Michigan Environmental Council, Environmental Defense Fund, Environmental Law and Policy Center, Vote Solar, Union of Concerned Scientists, Ecology Center and Urban Core Collective [Service Date: 08/27/2025 ] [25-1160] (Chagnon, Benjamin) [Entered: 08/27/2025 03:39 PM] |
| ENTRY OF APPEARANCE [2132035] filed by Alexis H. Lewis and co-counsel David S. Lapp; William F. Fields on behalf of Movant-Intervenor for Petitioner Maryland Office of People's Counsel in 25-1159. [25-1159, 25-1160, 25-1162] (Lewis, Alexis) [Entered: 08/26/2025 09:46 AM] |
| UNDERLYING DECISION IN CASE [2131911] submitted by Sierra Club, Natural Resources Defense Council, Michigan Environmental Council, Environmental Defense Fund, Environmental Law and Policy Center, Vote Solar, Union of Concerned Scientists, Ecology Center and Urban Core Collective in 25-1160, People of the State of Michigan in 25-1159, State of Minnesota and State of Illinois in 25-1162 [Service Date: 08/25/2025 ] [25-1160, 25-1159, 25-1162] (Chagnon, Benjamin) [Entered: 08/25/2025 03:18 PM] |
| NOTICE [2131903] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Consumers Energy Company [Service Date: 08/25/2025 ] [25-1159, 25-1160, 25-1162] [Edited 08/26/2025 by EKC] (Schauf, Zachary) [Entered: 08/25/2025 02:57 PM] |
| MOTION [2131699] for leave to intervene [Disclosure Listing: Attached] filed by Midcontinent Independent System Operator, Inc. [Service Date: 08/25/2025 ] [25-1159] [Edited 08/25/2025 by EKC] (Kessler, Michael) [Entered: 08/25/2025 09:51 AM] |
| DOCKETING STATEMENT and STATEMENT OF ISSUES [2131893] filed by People of the State of Michigan [Service Date: 08/25/2025 ] [25-1159]--[Edited 08/25/2025 by EKC] (Moody, Michael) [Entered: 08/25/2025 02:38 PM] |
| ENTRY OF APPEARANCE [2131895] filed by Michael Moody on behalf of Petitioner People of the State of Michigan. [25-1159] (Moody, Michael) [Entered: 08/25/2025 02:39 PM] |
| ENTRY OF APPEARANCE [2131934] filed by Benjamin Chagnon and co-counsel Michael Lenoff on behalf of Petitioners Urban Core Collective and Sierra Club. [25-1160] (Chagnon, Benjamin) [Entered: 08/25/2025 03:59 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2131907] filed by Sierra Club, Natural Resources Defense Council, Michigan Environmental Council, Environmental Defense Fund, Environmental Law and Policy Center, Vote Solar, Union of Concerned Scientists, Ecology Center and Urban Core Collective in 25-1160, People of the State of Michigan in 25-1159, State of Minnesota and State of Illinois in 25-1162 [Service Date: 08/25/2025 ] [25-1160, 25-1159, 25-1162] (Chagnon, Benjamin) [Entered: 08/25/2025 03:01 PM] |
| STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [2131910] filed by Sierra Club, Natural Resources Defense Council, Michigan Environmental Council, Environmental Defense Fund, Environmental Law and Policy Center, Vote Solar, Union of Concerned Scientists, Ecology Center and Urban Core Collective in 25-1160, People of the State of Michigan in 25-1159, State of Minnesota and State of Illinois in 25-1162 [Service Date: 08/25/2025 ] Intent: AppxDeferred [25-1160, 25-1159, 25-1162] (Chagnon, Benjamin) [Entered: 08/25/2025 03:12 PM] |
| MOTION [2131981] for leave to intervene [Disclosure Listing: Not Applicable to this Party] filed by Maryland Office of People's Counsel [Service Date: 08/25/2025 ] [25-1159, 25-1160, 25-1162] [Edited 08/26/2025 by EKC] (Lewis, Alexis) [Entered: 08/25/2025 06:25 PM] |
| CERTIFIED COPY [2127458] of Petition for Review sent to respondent [ # 2127456-2 ] [25-1160] [Entered: 07/28/2025 10:27 AM] |
| CLERK'S ORDER [2127465] filed consolidating cases 25-1160, 25-1162 (Consolidation started 07/28/2025) with 25-1159; directing party to file in 25-1160, 25-1162 initial submissions: PETITIONER docketing statement due 08/27/2025. PETITIONER statement of issues due 08/27/2025 [25-1159, 25-1160, 25-1162] [Entered: 07/28/2025 10:39 AM] |
| PETITION FOR REVIEW [2127456] of a decision by federal agency filed by Ecology Center, Environmental Defense Fund, Environmental Law and Policy Center, Michigan Environmental Council, Natural Resources Defense Council, Sierra Club, Union of Concerned Scientists, Urban Core Collective and Vote Solar [Service Date: 07/28/2025 ] Disclosure Statement: Attached. [25-1160] [Entered: 07/28/2025 10:26 AM] |
| PETITION FOR REVIEW CASE docketed. [25-1160] [Entered: 07/28/2025 10:25 AM] |
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