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American Road & Transportation Builders Association v. Environmental Protection Agency

Certiorari Denied

Petition for certiorari denied on January 13, 2014.

Docket No.13-145
Op. BelowD.C. Cir.

Issue

(1) Whether Section 307(b)(1) of the Clean Air Act allows petitioning for direct review within sixty days of the denial of a petition under 5 U.S.C. § 553(e) that presents after-arising issues; (2) whether Section 307(b)(1) prohibits indirect review of an agency rule " outside the original sixty-day window " if made as part of a timely challenge to new agency action that applies the prior rule.

Proceedings & orders timeline

Jul 29, 2013
Petition for a writ of certiorari filed. (Response due September 3, 2013)
Aug 28, 2013
Order extending time to file response to petition to and including October 3, 2013.
Oct 1, 2013
Order further extending time to file response to petition to and including November 1, 2013.
Oct 30, 2013
Order further extending time to file response to petition to and including December 2, 2013.
Nov 1, 2013
Supplemental brief of petitioner American Road & Transportation Builders Association filed.
Nov 26, 2013
Brief of respondents Environmental Protection Agency, et al. in opposition filed.
Dec 6, 2013
Reply of petitioner American Road & Transportation Builders Association filed.
Dec 11, 2013
DISTRIBUTED for Conference of January 10, 2014.
Jan 13, 2014
Petition DENIED.

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