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New York v. Environmental Protection Agency

Petition for certiorari denied on February 26, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
17-418 2d Cir. N/A N/A N/A N/A OT 2017

Issues: (1) Whether the Environmental Protection Agency's Water Transfers Rule conflicts with the plain meaning of the Clear Water Act by concluding that a water transfer's introduction of pollutants to a navigable water body is not an “addition of any pollutant to navigable waters” within the meaning of the Act; and (2) whether the EPA may justify the Water Transfers Rule on the basis of perceived costs and benefits caused by the Act's permitting process, when it expressly declined to conduct any actual assessment of the costs or benefits of permitting.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 06 2017Application (17A65) to extend the time to file a petition for a writ of certiorari from July 17, 2017 to September 15, 2017, submitted to Justice Ginsburg.
Jul 14 2017Application (17A65) granted by Justice Ginsburg extending the time to file until September 15, 2017.
Sep 15 2017Petition for a writ of certiorari filed. (Response due October 19, 2017)
Oct 12 2017Order extending time to file response to petition to and including November 20, 2017.
Nov 09 2017Order further extending time to file response to petition to and including January 19, 2018, for all respondents.
Jan 19 2018Brief of Federal Respondents in opposition filed. VIDED.
Jan 19 2018Brief of respondent City of New York in opposition filed.
Jan 19 2018Brief of Intervenor-Respondents Western States and Western Water Providers in opposition filed. VIDED.
Feb 02 2018Reply of petitioners New York, et al. filed.
Feb 07 2018DISTRIBUTED for Conference of 2/23/2018.
Feb 26 2018Petition DENIED.