Editor's Note :

close editor's note Editor's Note :

1) We’ve prepared a survey about SCOTUSblog that will take you at most five minutes to fill out and that will help us improve the blog for you. We would really appreciate it if you would participate by clicking here.
2) This week we are hosting an online symposium on The American Legion v. American Humanist Association, a dispute over the constitutionality of a cross that sits on a traffic median in Maryland. Contributions, as well as Amy Howe’s introduction to the case, are available at this link.

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.
Oct 23 2018Brief of respondents Upstate Forever, et al. in opposition filed.
Nov 06 2018Reply of petitioners Kinder Morgan Energy Partners, L.P., et al. filed.
Nov 07 2018DISTRIBUTED for Conference of 11/30/2018.
Dec 03 2018The Solicitor General is invited to file a brief in this case expressing the views of the United States on or before 4 p.m., Friday, January 4, 2019.
Term Snapshot