In previous years, the Court released ... (click to view)
Editor's Note :
In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.
Mingo Logan Coal Company v. Environmental Protection Agency
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.