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.	Jan 22, 2018	9-0	Sotomayor	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.

Holding: Because the Waters of the United States Rule – a definition of the statutory term “waters of the United States” proffered by the Environmental Protection Agency and the Army Corps of Engineers in a 2015 regulation – falls outside the ambit of Section 1369(b)(1) of the Clean Water Act, challenges to the rule must be filed in federal district courts.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Sotomayor on January 22, 2018.

SCOTUSblog Coverage

OT2017 #13: "Poker Face" (First Mondays)
Opinion analysis: Challenges to the WOTUS rule must begin in district court (Miriam Seifter)
A "view" from the courtroom: Open for business, with a hiccup (Mark Walsh)
Argument analysis: Wading through the "themeless pudding" of Clean Water Act jurisdiction (Miriam Seifter)
OT2017 #2: "Who is the River Master?" (First Mondays)
Argument preview: Justices to determine how Clean Water Act litigation flows (Miriam Seifter)
Court releases October calendar (Amy Howe)
Court adds 16 new cases to its merits docket (Expanded) (Amy Howe)
Petition of the day (Kate Howard)

Date	Proceedings and Orders (key to color coding)
Jun 30 2016	Application (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 2016	Application (16A11) granted by Justice Kagan extending the time to file until September 2, 2016.
Sep 02 2016	Petition for a writ of certiorari filed. (Response due October 7, 2016)
Sep 29 2016	Order extending time to file response to petition to and including November 7, 2016.
Oct 05 2016	Brief of respondents Agrowstar LLC, et al. in support filed.
Oct 07 2016	Brief of respondents American Farm Bureau Federation, et al. in support filed.
Oct 07 2016	Brief of respondents Ohio, et al. filed.
Oct 28 2016	Order further extending time to file response to petition to and including December 7, 2016.
Dec 07 2016	Brief of Federal Respondents in opposition filed.
Dec 20 2016	Reply of petitioner National Association of Manufacturers filed.
Dec 21 2016	DISTRIBUTED for Conference of January 6, 2017.
Jan 09 2017	DISTRIBUTED for Conference of January 13, 2017.
Jan 13 2017	Petition GRANTED.
Jan 27 2017	Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the petitioner filed.
Jan 31 2017	Motion to dispense with printing the joint appendix filed by petitioner National Association of Manufacturers.
Feb 01 2017	Consent 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 2017	The time to file petitioner's brief on the merits is extended to and including March 29, 2017.
Feb 17 2017	The time to file respondents' briefs on the merits is extended to and including May 31, 2017.
Feb 21 2017	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Mar 06 2017	Motion to hold the briefing schedule in abeyance filed by federal respondents.
Mar 07 2017	The time to file petitioner's brief on the merits is further extended to and including April 13, 2017.
Mar 15 2017	Motion DISTRIBUTED for Conference of March 31, 2017.
Mar 15 2017	Opposition of respondents American Farm Bureau Federation, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed)
Mar 15 2017	Response of respondents Ohio, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed)
Mar 15 2017	Opposition of respondents Natural Resources Defense Council, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed)
Mar 16 2017	Opposition of respondents Waterkeeper Alliance, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed)
Mar 17 2017	Opposition of respondents New York, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed)
Apr 03 2017	Motion to hold the briefing schedule in abeyance DENIED.
Apr 06 2017	The time to file petitioner's brief on the merits is further extended to and including April 27, 2017.
Apr 21 2017	Consent 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 2017	Consent 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 2017	Brief of respondents Agrowstar LLC, et al. in support filed.
Apr 27 2017	Brief of respondents Waterkeeper Alliance, Inc., et al. in support filed.
Apr 27 2017	Brief of respondent Utility Water Act Group in support filed.
Apr 27 2017	Brief of petitioner National Association of Manufacturers filed.
Apr 27 2017	Brief of respondents Ohio, et al. in support filed.
Apr 27 2017	Consent 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 2017	Consent 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 2017	Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
May 05 2017	Consent 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 2017	The time to file respondents' briefs on the merits is extended to and including July 28, 2017.
Jun 26 2017	Motion for divided argument filed by respondents Ohio, et al.
Jul 19 2017	SET FOR ARGUMENT on Wednesday, October 11, 2017.
Jul 28 2017	Brief of respondents Department of Defense, et al. filed.
Jul 28 2017	Brief of respondents Natural Resources Defense Council, et al. filed.
Aug 01 2017	Record requested from the U.S.C.A. 6th Circuit.
Aug 03 2017	Record received from the U.S.C.A. 6th Circuit is electronic.
Aug 03 2017	Application (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 2017	Application (17A146) granted by Justice Kagan extending the time to file reply briefs on the merits until September 11, 2017.
Aug 09 2017	CIRCULATED
Aug 25 2017	Motion for divided argument filed by respondents Ohio, et al. in support of petitioner GRANTED.
Sep 08 2017	Reply of respondents State Respondents Ohio, et al. in support of petitioner filed. (Distributed)
Sep 11 2017	Reply of respondent Utility Water Act Group in support of petitioner filed. (Distributed)
Sep 11 2017	Reply of respondents Waterkeeper Alliance, Inc., et al. in support of petitioner filed. (Distributed)
Sep 11 2017	Reply of petitioner National Association of Manufacturers filed. (Distributed)
Oct 11 2017	Argued. 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.
Nov 17 2017	Letter of petitioner National Association of Manufacturers filed. (Distributed)
Nov 22 2017	Letter of respondents Department of Defense, et al. filed. (Distributed)
Jan 22 2018	Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
Feb 23 2018	JUDGMENT ISSUED.

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Cases argued	43
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Editor's Note :

National Association of Manufacturers v. Department of Defense

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