The Solicitor General has filed briefs in three cases, currently pending on the docket. First, in Diamond Alternative Energy v. EPA, SG Sarah Harris asked the Court to hold the briefing in abeyance, with the petitioners opposing the motion. Second, in Department of Education v. Career Colleges and Schools of Texas, Harris asked the Court to hold the briefing in abeyance, with the respondents consenting. Third, in EPA v. Calumet Shreveport Refining, Harris asked the Court to hold the briefing in abeyance, with respondents opposing the motion.
The government’s cert petition in Oklahoma v. EPA is pending now. The government asked to hold the briefing in abeyance. Again, the petitions who represent states and industry groups opposed.
I think in the cases where the government is the petitioner, the SG will move to withdraw the cert petition. And they may try to knock the other cases off the docket by seeking to modify rules.
These…
