Tarrant Regional Water District v. Herrmann

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Tarrant Regional Water District v. Herrmann

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Conference of June 13, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
11-889	10th Cir.	Apr 23, 2013 Tr.Aud.	Jun 13, 2013	9-0	Sotomayor	OT 2012

Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, represents the City of Dallas as amicus curiae in this case.

Holding: The Red River Compact, which allocates water rights within the Red River basin among the states of Oklahoma, Texas, Arkansas, and Louisiana, does not pre-empt the Oklahoma water statutes at issue in this case.

Judgment: Affirmed, 9-0, in an opinion by Justice Sotomayor on June 13, 2013.

Opinion analysis: Oklahoma skunks Texas in cross-border water rivalry (Thomas Merrill)
Details: Tarrant Regional Water District v. Herrmann (Tom Goldstein)
Argument analysis: Do Texans like salty water? (Thomas Merrill)
Argument preview: A Texas border water war (Thomas Merrill)
Three cases granted (Lyle Denniston)
Petition of the day (Kali Borkoski)

Date	Proceedings and Orders (key to color coding)
Jan 19 2012	Petition for a writ of certiorari filed. (Response due February 21, 2012)
Feb 20 2012	Brief amicus curiae of Upper Trinity Regional Water District filed.
Feb 21 2012	Brief of respondent Rudolf John Herrmann, et al. in opposition filed.
Feb 21 2012	Brief amicus curiae of Texas filed.
Feb 21 2012	Brief amicus curiae of North Texas Municipal Water District filed.
Feb 21 2012	Motion for leave to file amici brief filed by City of Irving, Texas, City of Hugo, Oklahoma and Hugo Municipal Authority.
Feb 21 2012	Letter proposing a lodging of non record material received from counsel for amici City of Irving, Texas, et al.
Mar 6 2012	Reply of petitioner Tarrant Regional Water District filed.
Mar 7 2012	DISTRIBUTED for Conference of March 23, 2012.
Mar 26 2012	DISTRIBUTED for Conference of March 30, 2012.
Apr 2 2012	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Nov 30 2012	Brief amicus curiae of United States filed.
Dec 11 2012	Supplemental brief of respondents Rudolf John Herrmann, et al. filed.
Dec 12 2012	DISTRIBUTED for Conference of January 4, 2013.
Dec 12 2012	Supplemental brief of petitioner Tarrant Regional Water District filed. (Distributed)
Dec 20 2012	Lodging received from counsel for amici City of Irving, Texas, et al. in electronic format.
Jan 4 2013	Motion for leave to file amici brief filed by City of Irving, Texas, City of Hugo, Oklahoma and Hugo Municipal Authority GRANTED.
Jan 4 2013	Petition GRANTED.
Feb 11 2013	SET FOR ARGUMENT ON Tuesday, April 23, 2013
Feb 12 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Feb 19 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Feb 19 2013	Joint appendix filed. (Two Volumes) (Statement of costs filed.)
Feb 19 2013	Brief of petitioner Tarrant Regional Water District filed.
Feb 20 2013	Proposal of counsel for petitioners to lodge copies of non-record material which were relied on in their opening brief.
Feb 25 2013	Brief amici curiae of City of Irving, Texas, City of Hugo, Oklahoma, and Hugo Municipal Authority filed.
Feb 25 2013	Brief amicus curiae of North Texas Municipal Water District filed.
Feb 25 2013	Brief amicus curiae of Upper Trinity Regional Water District filed.
Feb 26 2013	Brief amici curiae of Olen Paul Matthews and Michael Pease filed.
Feb 26 2013	Brief amicus curiae of City of Dallas filed.
Feb 26 2013	Brief amicus curiae of United States supporting Vacatur and Remand filed.
Feb 26 2013	Brief amici curiae of Fort Worth Chamber of Commerce, et al. filed.
Feb 26 2013	Brief amicus curiae of Texas filed.
Feb 26 2013	Brief amicus curiae of Texas Water Conservation Association filed.
Feb 26 2013	Brief amici curiae of Cities of Arlington and Fort Worth, Texas filed. (Distributed)
Feb 26 2013	Brief amicus curiae of North Texas Commission filed. (Distributed)
Feb 28 2013	Record Received from the U.S.C.A. for the 10th Circuit. (1-Box )
Mar 1 2013	CIRCULATED.
Mar 21 2013	Brief of respondent Rudolf John Herrmann, et al. filed. (Distributed)
Mar 27 2013	Brief amicus curiae of Oklahomans for Responsible Water Policy filed. (Distributed)
Mar 27 2013	Brief amici curiae of Louisiana and Arkansas filed. (Distributed)
Mar 27 2013	Brief amici curiae of Republican River Water Conservation District, et al. filed. (Distributed)
Mar 27 2013	Brief amicus curiae of Oklahoma Independent Petroleum Association filed. (Distributed)
Mar 28 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 28 2013	Brief amici curiae of Professors of law and political science filed. (Distributed)
Mar 28 2013	Brief amicus curiae of City of Oklahoma City and Oklahoma City Water Utilities Trust filed.
Mar 28 2013	Brief amici curiae of States of Colorado, et al. filed. (Distributed)
Mar 28 2013	Brief amici curiae of Chickasaw and Choctaw Nations filed. (Distributed)
Mar 28 2013	Proposal of amici Oklahoma City Water Utilities Trust to lodge non-record material.
Apr 9 2013	Lodging consisting of three documents received from counsel for the petitioner. (Distributed).
Apr 12 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 15 2013	Reply of petitioner Tarrant Regional Water District filed. (Distributed)
Apr 23 2013	Argued. For petitioner: Charles A. Rothfeld, Washington, D. C.; and Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Lisa S. Blatt, Washington, D. C.
Jun 13 2013	Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion for a unanimous Court.
Jul 15 2013	JUDGMENT ISSUED.
Aug 16 2013	Record returned to U.S.C.A. for 10th Circuit.

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Monday at the Supreme Court: Four opinions and a GVR – SCOTUStalk

Opinion analysis: Virginia’s moratorium on uranium mining is not pre-empted, but the role of legislative purpose remains open for debate – Emily Hammond

Justices send cake sequel back to state court – Amy Howe
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This Week at the Court
The Supreme Court released orders from the June 13 conference on Monday; the justices granted, vacated and remanded Klein v. Oregon Bureau of Labor and Industries.
Also on Monday, the justices released their opinions in four argued cases: Manhattan Community Access Corp. v. Halleck, Virginia Uranium Inc. v. Warren, Gamble v. United States and Virginia House of Delegates v. Bethune-Hill.
On Thursday, we expect the Supreme Court to release opinions in one or more argued cases. The justices will meet for their June 20 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
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Recent Decisions
- Gamble v. United States The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
- Manhattan Community Access Corp. v. Halleck Manhattan Community Access Corp., a private nonprofit corporation designated by New York City to operate the public access channels on the Manhattan cable system owned by Time Warner (now Charter), is not a state actor subject to the First Amendment.
- Virginia House of Delegates v. Bethune-Hill The House of Delegates lacks standing to appeal the invalidation of Virginia’s redistricting plan.
- Virginia Uranium, Inc. v. Warren The U.S. Court of Appeals for the 4th Circuit’s judgment that the Atomic Energy Act does not preempt Virginia’s prohibition on uranium mining in the commonwealth is affirmed.
- Parker Drilling Management Services, Ltd. v. Newton Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.
- Quarles v. United States Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
see all this term’s cases »
Current Relists
- Atlanta Gas Light Co. v. Bennett Regulator Guards Inc. (1) Whether the U.S. Court of Appeals for the Federal Circuit erred in concluding that it had jurisdiction to review the Patent Trial and Appeal Board’s decision to institute inter partes review of respondent’s patent over respondent’s objection that it was time-barred; and (2) whether the U.S. Court of Appeals for the Federal Circuit erred when it rejected the longstanding principle that a dismissal without prejudice leaves the parties as if a suit had never been brought, splitting the circuits.
- Banister v. Davis (1) Whether Gonzalez v. Crosby extends to post-judgment motions filed under Federal Rule of Civil Procedure 59(e); (2) whether, if Gonzalez does apply, a timely filed Rule 59(e) motion should toll the time to file a notice of appeal under Federal Rule of Appellate Procedure 4(a)(4)(A)(iv); and (3) whether a pro se petitioner must be warned and given an opportunity to withdraw a post-judgment motion which has be recharacterized as a successive habeas petition if that recharacterization will effect his ability to file a timely notice of appeal.
- Department of Homeland Security v. Regents of the University of California (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
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Merits cases granted to date 74

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Cases argued	69
Cases decided	49
Summary reversals	5
Merits cases granted to date	74

3
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6
Conference

10
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13
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17
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20
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