« Ind. Courts - Terre Haute mayoral election dispute heard by Supreme Court | Main | Ind. Decisions - Court of Appeals issues 4 today (and 14 NFP) »

Friday, May 29, 2009

Courts - "Questions Arise About Long Delay by Sotomayor-Led Panel in Climate Case"; 7th Circuit can top that

Marcia Coyle of The National Law Journal has an article today about it being three years since a 2nd Circuit panel, including Supreme Court nominee Sonia Sotomayor, heard an oral argument and as yet there has been no ruling. Specifically:

A major climate change lawsuit brought by eight states against five utilities has been pending decision for nearly three years before an appellate panel on which Sotomayor is the presiding judge.

"No one knows why the case has never been decided," said David Doniger, policy director of the Natural Resources Defense Council's Climate Center.

And it's not for lack of trying to get information. Last September, the plaintiffs wrote to the circuit clerk about the pending appeal, and just a few weeks ago, another letter went to the clerk from a group involved in the case.

The case is Connecticut v. American Electric Power Co. More from the story:
The case was docketed with the circuit court in September 2005; briefing was completed in March 2006, and argument was held June 7, 2006. The Sotomayor panel asked for additional briefing on the impact of the Supreme Court's climate decision, Massachusetts v. EPA (pdf), and that briefing was filed in July 2007.

Some lawyers who practice before the circuit court said the delay -- three years from oral argument -- is unusually long. The circuit disposes of cases on the merits an average of 17.6 months from notice of appeal to final disposition, according to statistics compiled by the Administrative Office of the U.S. Courts, and 0.6 months from hearing to full disposition.

The delay, some of have posited, is the result of the controversial nature of the case and that was only heightened by initial speculation about Sotomayor as a potential Supreme Court nominee and how any decision might affect her chances. "Some of us didn't believe earlier that the speculation about Sotomayor had anything at all to do with the delay," said one lawyer following the case. "But with every passing day that argument gets stronger and stronger."

Three years? The 7th Circuit certainly can top that. This ILB entry from July 4, 2008 talks of New Albany DVD v. City of New Albany, decided by U.S. District Judge Sara Evans Barker on Jan. 6, 2005 and heard by the 7th Circuit on Sept. 27, 2005. A decision is still pending, nearing 4 years later.

Another Judge Barker ruling - Annex Books Inc, et al v. City of Indianapolis - is even older, from August 30th, 2004. Oral arguments in the as-yet-to-be-decided case were held before Judges Flaum, Easterbrook, and Rovner, on Sept. 8, 2005.

(The ILB doesn't know whether Judge Diane Wood is on the New Albany DVD panel.)

Posted by Marcia Oddi on May 29, 2009 10:13 AM
Posted to Courts in general