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New York v. Environmental Protection Agency

Certiorari Denied

Petition for certiorari denied on February 26, 2018.

Docket No.17-418
Op. Below2d Cir.

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.

Proceedings & orders timeline

Jul 6, 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.
Jul 14, 2017
Application (17A65) granted by Justice Ginsburg extending the time to file until September 15, 2017.
Sep 15, 2017
Petition for a writ of certiorari filed. (Response due October 19, 2017)
Oct 12, 2017
Order extending time to file response to petition to and including November 20, 2017.
Nov 9, 2017
Order further extending time to file response to petition to and including January 19, 2018, for all respondents.
Jan 19, 2018
Brief of Federal Respondents in opposition filed. VIDED.
Jan 19, 2018
Brief of respondent City of New York in opposition filed.
Jan 19, 2018
Brief of Intervenor-Respondents Western States and Western Water Providers in opposition filed. VIDED.
Feb 2, 2018
Reply of petitioners New York, et al. filed.
Feb 7, 2018
DISTRIBUTED for Conference of 2/23/2018.
Feb 26, 2018
Petition DENIED.

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