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
Issues: (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.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Aug 28 2018 | Petition for a writ of certiorari filed. (Response due October 4, 2018) |
| Sep 13 2018 | Blanket Consent filed by Petitioners, Kinder Morgan Energy Partners, L.P., et al.. |
| Sep 21 2018 | Motion to extend the time to file a response from October 4, 2018 to November 5, 2018, submitted to The Clerk. |
| Sep 25 2018 | Motion to extend the time to file a response is granted and the time is extended to and including November 5, 2018. |
| Oct 01 2018 | Brief amicus curiae of Pacific Legal Foundation filed. |
| Oct 04 2018 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| Oct 04 2018 | Brief amici curiae of American Petroleum Institute, et al. filed. |
| Oct 04 2018 | Brief amici curiae of State of West Virginia, et al. filed. |
| Oct 23 2018 | Brief of respondents Upstate Forever, et al. in opposition filed. |
| Nov 06 2018 | Reply of petitioners Kinder Morgan Energy Partners, L.P., et al. filed. |
| Nov 07 2018 | DISTRIBUTED for Conference of 11/30/2018. |
| Dec 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. |
| Jan 03 2019 | Brief amicus curiae of United States filed. VIDED. |
| Jan 11 2019 | Supplemental brief of respondents Upstate Forever, et al. filed. |
| Jan 11 2019 | Supplemental brief of petitioners Kinder Morgan Energy Partners, L.P., et al. filed. |
| Jan 14 2019 | DISTRIBUTED for Conference of 1/18/2019. |
| Feb 04 2019 | DISTRIBUTED for Conference of 2/15/2019. |
| Apr 27 2020 | DISTRIBUTED for Conference of 5/1/2020. |
| May 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). |
| Jun 05 2020 | JUDGMENT ISSUED. |
