Kinder Morgan Energy Partners, L.P. v. Upstate Forever
Petition for certiorari granted, judgment vacated and case remanded for further consideration in light of County of Maui v. Hawaii Wildlife Fund, on May 4, 2020
Issue: (1) Whether the Clean Water Act"s permitting requirement is confined to discharges from a point source to navigable waters, or whether it also applies to discharges into soil or groundwater whenever there is a "direct hydrological connection" between the groundwater and nearby navigable waters; and (2) whether an "ongoing violation" of the Clean Water Act exists for purposes of the act"s citizen-suit provision when a point source has permanently ceased discharging pollutants, but some of the pollutants are still reaching navigable water through groundwater. CVSG: 01/03/2019.
SCOTUSblog Coverage
- Two new CVSGs on a deadline (Amy Howe, December 3, 2018)
- Petitions of the week (Aurora Barnes, September 25, 2018)
| Date | Proceedings and Orders |
|---|---|
| 08/28/2018 | Petition for a writ of certiorari filed. (Response due October 4, 2018) |
| 09/13/2018 | Blanket Consent filed by Petitioners, Kinder Morgan Energy Partners, L.P., et al.. |
| 09/21/2018 | Motion to extend the time to file a response from October 4, 2018 to November 5, 2018, submitted to The Clerk. |
| 09/25/2018 | Motion to extend the time to file a response is granted and the time is extended to and including November 5, 2018. |
| 10/01/2018 | Brief amicus curiae of Pacific Legal Foundation filed. |
| 10/04/2018 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| 10/04/2018 | Brief amici curiae of American Petroleum Institute, et al. filed. |
| 10/04/2018 | Brief amici curiae of State of West Virginia, et al. filed. |
| 10/23/2018 | Brief of respondents Upstate Forever, et al. in opposition filed. |
| 11/06/2018 | Reply of petitioners Kinder Morgan Energy Partners, L.P., et al. filed. |
| 11/07/2018 | DISTRIBUTED for Conference of 11/30/2018. |
| 12/03/2018 | The Solicitor General is invited to file a brief in this case expressing the views of the United States on or before 4 p.m., Friday, January 4, 2019. |
| 01/03/2019 | Brief amicus curiae of United States filed. VIDED. |
| 01/11/2019 | Supplemental brief of respondents Upstate Forever, et al. filed. |
| 01/11/2019 | Supplemental brief of petitioners Kinder Morgan Energy Partners, L.P., et al. filed. |
| 01/14/2019 | DISTRIBUTED for Conference of 1/18/2019. |
| 02/04/2019 | DISTRIBUTED for Conference of 2/15/2019. |
| 04/27/2020 | DISTRIBUTED for Conference of 5/1/2020. |
| 05/04/2020 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of County of Maui v. Hawaii Wildlife Fund, 590 U. S. ___ (2020). |
| 06/05/2020 | JUDGMENT ISSUED. |