Mingo Logan Coal Company v. Environmental Protection Agency
Petition for certiorari denied on March 24, 2014
Issue: Whether, under Section 404(c) of the Clean Water Act, which gives the Environmental Protection Agency authority to "prohibit the specification (including the withdrawal of specification) of any defined area as a disposal site" for dredged or fill material before the Army Corps of Engineers has issued a permit to discharge that material, the EPA has the uncabined authority to withdraw disposal site specifications years after the Corps has issued a permit, thereby effectively nullifying a permit properly issued by the Corps.
SCOTUSblog Coverage
- Petition of the day (Mary Pat Dwyer, March 22, 2014)
| Date | Proceedings and Orders |
|---|---|
| 09/19/2013 | Application (13A286) to extend the time to file a petition for a writ of certiorari from October 23, 2013 to November 13, 2013, submitted to The Chief Justice. |
| 09/20/2013 | Application (13A286) granted by The Chief Justice extending the time to file until November 13, 2013. |
| 11/13/2013 | Petition for a writ of certiorari filed. (Response due December 16, 2013) |
| 11/20/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 12/11/2013 | Order extending time to file response to petition to and including January 15, 2014. |
| 12/11/2013 | Brief amicus curiae of Pacific Legal Foundation filed. |
| 12/13/2013 | Brief amici curiae of National Stone, Sand, and Gravel Association, et al. filed. |
| 12/13/2013 | Brief amici curiae of United States Conference of Mayors, et al. filed. |
| 12/16/2013 | Brief amici curiae of American Petroleum Institute, et al. filed. |
| 12/16/2013 | Brief amicus curiae of Joy Global Inc. filed. |
| 12/16/2013 | Brief amici curiae of National Mining Association, et al. filed. |
| 12/16/2013 | Brief amicus curiae of Washington Legal Foundation filed. |
| 12/16/2013 | Brief amicus curiae of National Association of Home Builders filed. |
| 12/16/2013 | Brief amicus curiae of Resource Development Council for Alaska, Inc. filed. |
| 12/16/2013 | Brief amici curiae of West Virginia and 26 Other States filed. |
| 12/16/2013 | Brief amici curiae of National Association of Manufacturers, et al. filed. |
| 12/16/2013 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| 12/16/2013 | Brief amicus curiae of National Council of Coal Lessors filed. |
| 01/08/2014 | Order further extending time to file response to petition to and including February 14, 2014. |
| 02/14/2014 | Brief of respondent Environmental Protection Agency in opposition filed. |
| 03/04/2014 | Reply of petitioner Mingo Logan Coal Company filed. |
| 03/05/2014 | DISTRIBUTED for Conference of March 21, 2014. |
| 03/24/2014 | Petition DENIED. |