Editor's Note :

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

Petition for certiorari denied on March 24, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-599 D.C. Cir. N/A N/A N/A N/A OT 2013

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

DateProceedings and Orders
Sep 19 2013Application (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.
Sep 20 2013Application (13A286) granted by The Chief Justice extending the time to file until November 13, 2013.
Nov 13 2013Petition for a writ of certiorari filed. (Response due December 16, 2013)
Nov 20 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Dec 11 2013Order extending time to file response to petition to and including January 15, 2014.
Dec 11 2013Brief amicus curiae of Pacific Legal Foundation filed.
Dec 13 2013Brief amici curiae of National Stone, Sand, and Gravel Association, et al. filed.
Dec 13 2013Brief amici curiae of United States Conference of Mayors, et al. filed.
Dec 16 2013Brief amici curiae of American Petroleum Institute, et al. filed.
Dec 16 2013Brief amicus curiae of Joy Global Inc. filed.
Dec 16 2013Brief amici curiae of National Mining Association, et al. filed.
Dec 16 2013Brief amicus curiae of Washington Legal Foundation filed.
Dec 16 2013Brief amicus curiae of National Association of Home Builders filed.
Dec 16 2013Brief amicus curiae of Resource Development Council for Alaska, Inc. filed.
Dec 16 2013Brief amici curiae of West Virginia and 26 Other States filed.
Dec 16 2013Brief amici curiae of National Association of Manufacturers, et al. filed.
Dec 16 2013Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Dec 16 2013Brief amicus curiae of National Council of Coal Lessors filed.
Jan 8 2014Order further extending time to file response to petition to and including February 14, 2014.
Feb 14 2014Brief of respondent Environmental Protection Agency in opposition filed.
Mar 4 2014Reply of petitioner Mingo Logan Coal Company filed.
Mar 5 2014DISTRIBUTED for Conference of March 21, 2014.
Mar 24 2014Petition DENIED.
 
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