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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

Docket No.14-493
Op. Below5th Cir.
SCOTUS Page

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.

Proceedings & orders timeline

Oct 28, 2014
Petition for a writ of certiorari filed. (Response due December 1, 2014)
Oct 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.
Nov 28, 2014
Order extending time to file response to petition to and including December 31, 2014.
Dec 1, 2014
Brief amici curiae of American Farm Bureau Federation, et al. filed.
Dec 1, 2014
Brief amicus curiae of Senator David Vitter filed.
Dec 1, 2014
Brief amici curiae of Ernest M. Park, and Lauren Kent Park filed.
Dec 1, 2014
Brief amici curiae of Center for Constitutional Jurisprudence, et al. filed.
Dec 18, 2014
Order further extending time to file response to petition to and including January 30, 2015.
Jan 30, 2015
Brief of respondent United States Army Corps of Engineers in opposition filed.
Feb 10, 2015
Reply of petitioner Kent Recycling Services, LLC filed.
Feb 18, 2015
DISTRIBUTED for Conference of March 6, 2015.
Mar 4, 2015
Rescheduled.
Mar 9, 2015
DISTRIBUTED for Conference of March 20, 2015.
Mar 23, 2015
Petition DENIED.
Apr 16, 2015
Petition for Rehearing filed.
Apr 21, 2015
DISTRIBUTED for Conference of May 14, 2015.
May 18, 2015
The Respondent is requested to file a response to the petition for rehearing within 30 days.
Jun 17, 2015
Brief of respondent United States Army Corps of Engineers in opposition to the petition for rehearing filed.
Jun 19, 2015
Reply of petitioner Kent Recycling Services, LLC filed.
Jun 25, 2015
DISTRIBUTED.
Jul 2, 2015
Rescheduled.
Jul 8, 2015
Letter from the Solicitor General received.
Sep 14, 2015
Letter dated September 10, 2015, received from counsel for the petitioner.
Sep 21, 2015
DISTRIBUTED for Conference of September 28, 2015.
Oct 20, 2015
Letter dated October 16, 2015, received from counsel for the petitioner.
Nov 17, 2015
DISTRIBUTED for Conference of December 4, 2015.
Dec 7, 2015
DISTRIBUTED for Conference of December 11, 2015.
May 31, 2016
DISTRIBUTED for Conference of June 2, 2016.
Jun 6, 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)
Jul 8, 2016
JUDGMENT ISSUED

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