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 |
|---|---|
| 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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