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National Association of Manufacturers v. Department of Defense

Docket No. Op. Below Argument Opinion Vote Author Term
16-299 6th Cir. Oct 11, 2017
Tr.Aud.
TBD TBD TBD OT 2017

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the respondents in this case.

Issue: Whether the U.S. Court of Appeals for the 6th Circuit erred when it held that it has jurisdiction under 33 U.S.C. § 1369(b)(1)(F), the portion of the Clean Water Act's judicial review provision that requires that agency actions “in issuing or denying any permit” under Section 1342 be reviewed by the court of appeals, to decide petitions to review the waters-of-the-United-States rule, even though the rule does not “issu[e] or den[y] any permit” but instead defines the waters that fall within Clean Water Act jurisdiction.

SCOTUSblog Coverage

DateProceedings and Orders
Jun 30 2016Application (16A11) to extend the time to file a petition for a writ of certiorari from July 20, 2016 to September 2, 2016, submitted to Justice Kagan.
Jul 01 2016Application (16A11) granted by Justice Kagan extending the time to file until September 2, 2016.
Sep 02 2016Petition for a writ of certiorari filed. (Response due October 7, 2016)
Sep 29 2016Order extending time to file response to petition to and including November 7, 2016.
Oct 05 2016Brief of respondents Agrowstar LLC, et al. in support filed.
Oct 07 2016Brief of respondents American Farm Bureau Federation, et al. in support filed.
Oct 07 2016Brief of respondents Ohio, et al. filed.
Oct 28 2016Order further extending time to file response to petition to and including December 7, 2016.
Dec 07 2016Brief of Federal Respondents in opposition filed.
Dec 20 2016Reply of petitioner National Association of Manufacturers filed.
Dec 21 2016DISTRIBUTED for Conference of January 6, 2017.
Jan 09 2017DISTRIBUTED for Conference of January 13, 2017.
Jan 13 2017Petition GRANTED.
Jan 27 2017Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the petitioner filed.
Jan 31 2017Motion to dispense with printing the joint appendix filed by petitioner National Association of Manufacturers.
Feb 01 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents AGrowStar, LLC, et al.
Feb 15 2017The time to file petitioner's brief on the merits is extended to and including March 29, 2017.
Feb 17 2017The time to file respondents' briefs on the merits is extended to and including May 31, 2017.
Feb 21 2017Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Mar 06 2017Motion to hold the briefing schedule in abeyance filed by federal respondents.
Mar 07 2017The time to file petitioner's brief on the merits is further extended to and including April 13, 2017.
Mar 15 2017Motion DISTRIBUTED for Conference of March 31, 2017.
Mar 15 2017Opposition of respondents American Farm Bureau Federation, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed)
Mar 15 2017Response of respondents Ohio, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed)
Mar 15 2017Opposition of respondents Natural Resources Defense Council, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed)
Mar 16 2017Opposition of respondents Waterkeeper Alliance, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed)
Mar 17 2017Opposition of respondents New York, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed)
Apr 03 2017Motion to hold the briefing schedule in abeyance DENIED.
Apr 06 2017The time to file petitioner's brief on the merits is further extended to and including April 27, 2017.
Apr 21 2017Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for respondents American Farm Bureau Federation, et al. filed.
Apr 26 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Federal Respondent.
Apr 26 2017Brief of respondents Agrowstar LLC, et al. in support filed.
Apr 27 2017Brief of respondents Waterkeeper Alliance, Inc., et al. in support filed.
Apr 27 2017Brief of respondent Utility Water Act Group in support filed.
Apr 27 2017Brief of petitioner National Association of Manufacturers filed.
Apr 27 2017Brief of respondents Ohio, et al. in support filed.
Apr 27 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Ohio, et al
May 03 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for intervenors-respondents New York, et al.
May 04 2017Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
May 05 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Waterkeeper Alliance, et al.
May 10 2017The time to file respondents' briefs on the merits is extended to and including July 28, 2017.
Jun 26 2017Motion for divided argument filed by respondents Ohio, et al.
Jul 19 2017SET FOR ARGUMENT on Wednesday, October 11, 2017.
Jul 28 2017Brief of respondents Department of Defense, et al. filed.
Jul 28 2017Brief of respondents Natural Resources Defense Council, et al. filed.
Aug 01 2017Record requested from the U.S.C.A. 6th Circuit.
Aug 03 2017Record received from the U.S.C.A. 6th Circuit is electronic.
Aug 03 2017Application (17A146) to extend the time to file reply briefs on the merits from August 28, 2017 to September 11, 2017, submitted to Justice Kagan.
Aug 07 2017Application (17A146) granted by Justice Kagan extending the time to file reply briefs on the merits until September 11, 2017.
Aug 09 2017CIRCULATED
Aug 25 2017Motion for divided argument filed by respondents Ohio, et al. in support of petitioner GRANTED.
Sep 08 2017Reply of respondents State Respondents Ohio, et al. in support of petitioner filed. (Distributed)
Sep 11 2017Reply of respondent Utility Water Act Group in support of petitioner filed. (Distributed)
Sep 11 2017Reply of respondents Waterkeeper Alliance, Inc., et al. in support of petitioner filed. (Distributed)
Sep 11 2017Reply of petitioner National Association of Manufacturers filed. (Distributed)
Oct 11 2017Argued. For petitioner: Timothy S. Bishop, Chicago, Ill. For respondents Ohio, et al. in support of petitioner: Eric E. Murphy, State Solicitor for Ohio, Columbus, Ohio. For respondents: Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
 
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