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Kinder Morgan Energy Partners, L.P. v. Upstate Forever

Petition for certiorari granted, judgment vacated and case remanded for further consideration in light of County of Maui v. Hawaii Wildlife Fund, on May 4, 2020

Docket No. Op. Below Argument Opinion Vote Author Term
18-268 4th Cir. N/A N/A N/A N/A OT 2019

Issue: (1) Whether the Clean Water Act"s permitting requirement is confined to discharges from a point source to navigable waters, or whether it also applies to discharges into soil or groundwater whenever there is a "direct hydrological connection" between the groundwater and nearby navigable waters; and (2) whether an "ongoing violation" of the Clean Water Act exists for purposes of the act"s citizen-suit provision when a point source has permanently ceased discharging pollutants, but some of the pollutants are still reaching navigable water through groundwater. CVSG: 01/03/2019.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
08/28/2018Petition for a writ of certiorari filed. (Response due October 4, 2018)
09/13/2018Blanket Consent filed by Petitioners, Kinder Morgan Energy Partners, L.P., et al..
09/21/2018Motion to extend the time to file a response from October 4, 2018 to November 5, 2018, submitted to The Clerk.
09/25/2018Motion to extend the time to file a response is granted and the time is extended to and including November 5, 2018.
10/01/2018Brief amicus curiae of Pacific Legal Foundation filed.
10/04/2018Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
10/04/2018Brief amici curiae of American Petroleum Institute, et al. filed.
10/04/2018Brief amici curiae of State of West Virginia, et al. filed.
10/23/2018Brief of respondents Upstate Forever, et al. in opposition filed.
11/06/2018Reply of petitioners Kinder Morgan Energy Partners, L.P., et al. filed.
11/07/2018DISTRIBUTED for Conference of 11/30/2018.
12/03/2018The Solicitor General is invited to file a brief in this case expressing the views of the United States on or before 4 p.m., Friday, January 4, 2019.
01/03/2019Brief amicus curiae of United States filed. VIDED.
01/11/2019Supplemental brief of respondents Upstate Forever, et al. filed.
01/11/2019Supplemental brief of petitioners Kinder Morgan Energy Partners, L.P., et al. filed.
01/14/2019DISTRIBUTED for Conference of 1/18/2019.
02/04/2019DISTRIBUTED for Conference of 2/15/2019.
04/27/2020DISTRIBUTED for Conference of 5/1/2020.
05/04/2020Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of County of Maui v. Hawaii Wildlife Fund, 590 U. S. ___ (2020).
06/05/2020JUDGMENT ISSUED.