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Louisiana v. American Rivers

Emergency application for stay pending appeal is granted on April 6, 2022.
Docket No. Op. Below Argument Opinion Vote Author Term
21A539 9th Cir. N/A N/A N/A N/A OT 2021

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.

DateProceedings and Orders (key to color coding)
Mar 21 2022Application (21A539) for a stay pending appeal, submitted to Justice Kagan.
Mar 23 2022Response to application (21A539) requested by Justice Kagan, due by 3 p.m. on Monday, March 28, 2022.
Mar 28 2022Response to application from respondents American Rivers, et al. filed.
Mar 28 2022Memorandum For the Federal Respondents in Oppostion filed.
Mar 30 2022Reply of applicants Louisiana, et al. filed.
Apr 06 2022Application (21A539) referred to the Court.
Apr 06 2022Application (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)