New York v. Environmental Protection Agency
Petition for certiorari denied on February 26, 2018
Issue: (1) Whether the Environmental Protection Agency's Water Transfers Rule conflicts with the plain meaning of the Clear Water Act by concluding that a water transfer's introduction of pollutants to a navigable water body is not an "addition of any pollutant to navigable waters" within the meaning of the Act; and (2) whether the EPA may justify the Water Transfers Rule on the basis of perceived costs and benefits caused by the Act's permitting process, when it expressly declined to conduct any actual assessment of the costs or benefits of permitting.
SCOTUSblog Coverage
- Petition of the day (Aurora Barnes, October 13, 2017)
| Date | Proceedings and Orders |
|---|---|
| 07/06/2017 | Application (17A65) to extend the time to file a petition for a writ of certiorari from July 17, 2017 to September 15, 2017, submitted to Justice Ginsburg. |
| 07/14/2017 | Application (17A65) granted by Justice Ginsburg extending the time to file until September 15, 2017. |
| 09/15/2017 | Petition for a writ of certiorari filed. (Response due October 19, 2017) |
| 10/12/2017 | Order extending time to file response to petition to and including November 20, 2017. |
| 11/09/2017 | Order further extending time to file response to petition to and including January 19, 2018, for all respondents. |
| 01/19/2018 | Brief of Federal Respondents in opposition filed. VIDED. |
| 01/19/2018 | Brief of respondent City of New York in opposition filed. |
| 01/19/2018 | Brief of Intervenor-Respondents Western States and Western Water Providers in opposition filed. VIDED. |
| 02/02/2018 | Reply of petitioners New York, et al. filed. |
| 02/07/2018 | DISTRIBUTED for Conference of 2/23/2018. |
| 02/26/2018 | Petition DENIED. |