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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.18-268
Op. Below4th Cir.
SCOTUS Page

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.

Proceedings & orders timeline

Aug 28, 2018
Petition for a writ of certiorari filed. (Response due October 4, 2018)Sep 13, 2018
Blanket Consent filed by Petitioners, Kinder Morgan Energy Partners, L.P., et al..Sep 21, 2018
Motion to extend the time to file a response from October 4, 2018 to November 5, 2018, submitted to The Clerk.
Sep 25, 2018
Motion to extend the time to file a response is granted and the time is extended to and including November 5, 2018.
Oct 1, 2018
Brief amicus curiae of Pacific Legal Foundation filed.Oct 4, 2018
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.Oct 4, 2018
Brief amici curiae of American Petroleum Institute, et al. filed.Oct 4, 2018
Brief amici curiae of State of West Virginia, et al. filed.Oct 23, 2018
Brief of respondents Upstate Forever, et al. in opposition filed.Nov 6, 2018
Reply of petitioners Kinder Morgan Energy Partners, L.P., et al. filed.
Nov 7, 2018
DISTRIBUTED for Conference of 11/30/2018.
Dec 3, 2018
The 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.
Jan 3, 2019
Brief amicus curiae of United States filed. VIDED.Jan 11, 2019
Supplemental brief of respondents Upstate Forever, et al. filed.Jan 11, 2019
Supplemental brief of petitioners Kinder Morgan Energy Partners, L.P., et al. filed.
Jan 14, 2019
DISTRIBUTED for Conference of 1/18/2019.
Feb 4, 2019
DISTRIBUTED for Conference of 2/15/2019.
Apr 27, 2020
DISTRIBUTED for Conference of 5/1/2020.
May 4, 2020
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of County of Maui v. Hawaii Wildlife Fund, 590 U. S. ___ (2020).
Jun 5, 2020
JUDGMENT ISSUED.

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