Kinder Morgan Energy Partners, L.P. v. Upstate Forever

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
18-268 4th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the Clean Water Act’s permitting requirement is confined to discharges from a point source to navigable waters, or whether it also applies to discharges into soil or groundwater whenever there is a “direct hydrological connection” between the groundwater and nearby navigable waters; and (2) whether an “ongoing violation” of the Clean Water Act exists for purposes of the act’s citizen-suit provision when a point source has permanently ceased discharging pollutants, but some of the pollutants are still reaching navigable water through groundwater.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 28 2018Petition for a writ of certiorari filed. (Response due October 4, 2018)
Sep 13 2018Blanket Consent filed by Petitioners, Kinder Morgan Energy Partners, L.P., et al..
Sep 21 2018Motion to extend the time to file a response from October 4, 2018 to November 5, 2018, submitted to The Clerk.
Sep 25 2018Motion to extend the time to file a response is granted and the time is extended to and including November 5, 2018.
Oct 01 2018Brief amicus curiae of Pacific Legal Foundation filed.
Oct 04 2018Brief amici curiae of American Petroleum Institute, et al. filed.
Oct 04 2018Brief amici curiae of State of West Virginia, et al. filed.
Oct 04 2018Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
 
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