Kent Recycling Services, LLC v. United States Army Corps of Engineers
The petition for a writ of certiorari is granted, the judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Army Corps of Engineers v. Hawkes Co. on June 6, 2016
Issue: (1) Whether a jurisdictional determination, that is conclusive as to federal jurisdiction under the Clean Water Act, and binding on all parties, is subject to judicial review under the Administrative Procedure Act; and (2) whether a due process claim against an agency action is subject to the finality requirement of the Administrative Procedure Act.
SCOTUSblog Coverage
- Petition of the day (Maureen Johnston, March 12, 2015)
- Petition of the day (Maureen Johnston, March 4, 2015)
Date | Proceedings and Orders |
---|---|
10/28/2014 | Petition for a writ of certiorari filed. (Response due December 1, 2014) |
10/30/2014 | Consent to the filing of amicus curiae briefs, In support of either party or of neither party, received from ocounsel for the petitioner. |
11/28/2014 | Order extending time to file response to petition to and including December 31, 2014. |
12/01/2014 | Brief amici curiae of American Farm Bureau Federation, et al. filed. |
12/01/2014 | Brief amicus curiae of Senator David Vitter filed. |
12/01/2014 | Brief amici curiae of Ernest M. Park, and Lauren Kent Park filed. |
12/01/2014 | Brief amici curiae of Center for Constitutional Jurisprudence, et al. filed. |
12/18/2014 | Order further extending time to file response to petition to and including January 30, 2015. |
01/30/2015 | Brief of respondent United States Army Corps of Engineers in opposition filed. |
02/10/2015 | Reply of petitioner Kent Recycling Services, LLC filed. |
02/18/2015 | DISTRIBUTED for Conference of March 6, 2015. |
03/04/2015 | Rescheduled. |
03/09/2015 | DISTRIBUTED for Conference of March 20, 2015. |
03/23/2015 | Petition DENIED. |
04/16/2015 | Petition for Rehearing filed. |
04/21/2015 | DISTRIBUTED for Conference of May 14, 2015. |
05/18/2015 | The Respondent is requested to file a response to the petition for rehearing within 30 days. |
06/17/2015 | Brief of respondent United States Army Corps of Engineers in opposition to the petition for rehearing filed. |
06/19/2015 | Reply of petitioner Kent Recycling Services, LLC filed. |
06/25/2015 | DISTRIBUTED. |
07/02/2015 | Rescheduled. |
07/08/2015 | Letter from the Solicitor General received. |
09/14/2015 | Letter dated September 10, 2015, received from counsel for the petitioner. |
09/21/2015 | DISTRIBUTED for Conference of September 28, 2015. |
10/20/2015 | Letter dated October 16, 2015, received from counsel for the petitioner. |
11/17/2015 | DISTRIBUTED for Conference of December 4, 2015. |
12/07/2015 | DISTRIBUTED for Conference of December 11, 2015. |
05/31/2016 | DISTRIBUTED for Conference of June 2, 2016. |
06/06/2016 | The petition for rehearing is granted. The order entered March 23, 2015, denying the petition for a writ of certiorari is vacated. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Army Corps of Engineers v. Hawkes Co., 578 U. S. ___ (2016) |
07/08/2016 | JUDGMENT ISSUED |