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StarLink Logistics Inc. v. ACC, LLC

Petition for certiorari denied on May 4, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
18-593 Tenn. Ct. App. N/A N/A N/A N/A OT 2019

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.

Issue: Whether a state law that authorizes a polluter to discharge covered pollutants from a point source into the navigable waters of the United States without obtaining a National Pollutant Discharge Elimination System permit and in concentrations that exceed effluent limits established by the Clean Water Act is pre-empted by the Clean Water Act and the Supremacy Clause, U.S. Const. art. VI, cl. 2.

DateProceedings and Orders (key to color coding)
Aug 24 2018Application (18A215) to extend the time to file a petition for a writ of certiorari from September 5, 2018 to November 2, 2018, submitted to Justice Kagan.
Aug 28 2018Application (18A215) granted by Justice Kagan extending the time to file until November 2, 2018.
Nov 02 2018Petition for a writ of certiorari filed. (Response due December 6, 2018)
Nov 14 2018Motion to extend the time to file a response from December 6, 2018 to January 5, 2019, submitted to The Clerk.
Nov 16 2018Motion to extend the time to file a response is granted and the time is extended to and including January 7, 2019, for all respondents.
Dec 04 2018Motion to extend the time to file a response from January 7, 2019 to February 6, 2019, submitted to The Clerk.
Dec 07 2018Motion to extend the time to file a response is granted and the time is further extended to and including February 6, 2019, for all respondents.
Feb 06 2019Brief of respondent ACC, LLC in opposition filed.
Feb 06 2019Brief of respondent Tennessee Solid Waste Disposal Control Board in opposition filed.
Feb 19 2019Reply of petitioner StarLink Logistics Inc. filed.
Feb 20 2019DISTRIBUTED for Conference of 3/15/2019.
Apr 27 2020DISTRIBUTED for Conference of 5/1/2020.
Apr 27 2020Supplemental brief of petitioner StarLink Logistics Inc. filed. (Distributed)
May 04 2020Petition DENIED.