Los Angeles County Flood Control District v. Natural Resources Defense Council

Petition for certiorari denied on May 5, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-901 9th Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether Calderon v. Thompson bars a circuit court from reconsidering an issue after the time in which to seek rehearing in the circuit court and certiorari in this Court has passed, and where this Court relied on the finality of the circuit court decision in exercising its jurisdiction; and (2) whether a multi-jurisdiction municipal stormwater permit issued under the Clean Water Act can be construed to impose liability on a co-permittee without evidence that the co-permittee discharged pollutants in violation of the permit, where federal regulations provide that each co-permittee is only responsible for its own discharges and where the monitoring specified in the permit measures pollutants discharged by multiple upstream sources without any means to measure the contribution of any individual co-permittee.

SCOTUSblog Coverage

DateProceedings and Orders
Nov 21 2013Application (13A530) to extend the time to file a petition for a writ of certiorari from December 25, 2013 to January 24, 2014, submitted to Justice Kennedy.
Dec 5 2013Application (13A530) granted by Justice Kennedy extending the time to file until January 24, 2014.
Jan 24 2014Petition for a writ of certiorari filed. (Response due February 27, 2014)
Feb 19 2014Order extending time to file response to petition to and including March 31, 2014.
Feb 26 2014Brief amici curiae of National League of Cities, et al. filed.
Feb 26 2014Brief amicus curiae of The International Municipal Lawyers Association filed.
Feb 27 2014Brief amicus curiae of National Association of Flood and Stormwater Management Agencies filed.
Feb 27 2014Brief amici curiae of Florida Stormwater Association and Southeast Stormwater Association filed.
Mar 31 2014Brief of respondents Natural Resources Defense Council, et al. in opposition filed.
Apr 15 2014Reply of petitioners Los Angeles County Flood Control District, et al. filed.
Apr 16 2014DISTRIBUTED for Conference of May 2, 2014.
May 5 2014Petition DENIED.
 
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