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American Road & Transportation Builders Association v. Environmental Protection Agency

Petition for certiorari denied on January 13, 2014

Docket No. Op. Below Argument Opinion Vote Author Term
13-145 D.C. Cir. N/A N/A N/A N/A OT 2013

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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
07/29/2013Petition for a writ of certiorari filed. (Response due September 3, 2013)
08/28/2013Order extending time to file response to petition to and including October 3, 2013.
10/01/2013Order further extending time to file response to petition to and including November 1, 2013.
10/30/2013Order further extending time to file response to petition to and including December 2, 2013.
11/01/2013Supplemental brief of petitioner American Road & Transportation Builders Association filed.
11/26/2013Brief of respondents Environmental Protection Agency, et al. in opposition filed.
12/06/2013Reply of petitioner American Road & Transportation Builders Association filed.
12/11/2013DISTRIBUTED for Conference of January 10, 2014.
01/13/2014Petition DENIED.