Louisiana v. American Rivers
Emergency application for stay pending appeal is granted on April 6, 2022.
Issue: Whether the Supreme Court should stay the order of the U.S. District Court for the Northern District of California vacating the 2020 Clean Water Act Section 401 Certification Rule.
SCOTUSblog Coverage
- Five-justice majority restores Trump-era policy on water pollution, provoking more criticism of emergency docket (James Romoser, April 6, 2022)
| Date | Proceedings and Orders |
|---|---|
| 03/21/2022 | Application (21A539) for a stay pending appeal, submitted to Justice Kagan. |
| 03/23/2022 | Response to application (21A539) requested by Justice Kagan, due by 3 p.m. on Monday, March 28, 2022. |
| 03/28/2022 | Response to application from respondents American Rivers, et al. filed. |
| 03/28/2022 | Memorandum For the Federal Respondents in Oppostion filed. |
| 03/30/2022 | Reply of applicants Louisiana, et al. filed. |
| 04/06/2022 | Application (21A539) referred to the Court. |
| 04/06/2022 | Application (21A539) granted by the Court. The application for a stay presented to Justice Kagan and by her referred to the Court is granted. The district court’s October 21, 2021 order, insofar as it vacates the current certification rule, 40 C.F.R. Part 121, is stayed pending disposition of the appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the petition for a writ of certiorari, if such a writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. Justice Kagan, with whom The Chief Justice, Justice Breyer, and Justice Sotomayor join, dissents. (Detached Opinion) |