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Tarrant Regional Water District v. Herrmann

Docket No.11-889
Op. Below10th Cir.
ArgumentApr 23, 2013

Holding

The Red River Compact, which allocates water rights within the Red River basin among the states of Oklahoma, Texas, Arkansas, and Louisiana, does not pre-empt the Oklahoma water statutes at issue in this case.

Judgment

Affirmed, 9-0, in an opinion by Sonia Sotomayor on Jun 13, 2013.

Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, represents the City of Dallas as”amicus curiae“in this case.

Holding: The Red River Compact, which allocates water rights within the Red River basin among the states of Oklahoma, Texas, Arkansas, and Louisiana, does not pre-empt the Oklahoma water statutes at issue in this case.

Judgment:”Affirmed, 9-0, in an opinion by Justice Sotomayor on June 13, 2013.

Proceedings & orders timeline

Jan 19, 2012
Petition for a writ of certiorari filed. (Response due February 21, 2012)
Feb 20, 2012
Brief amicus curiae of Upper Trinity Regional Water District filed.
Feb 21, 2012
Brief of respondent Rudolf John Herrmann, et al. in opposition filed.
Feb 21, 2012
Brief amicus curiae of Texas filed.
Feb 21, 2012
Brief amicus curiae of North Texas Municipal Water District filed.
Feb 21, 2012
Motion for leave to file amici brief filed by City of Irving, Texas, City of Hugo, Oklahoma and Hugo Municipal Authority.
Feb 21, 2012
Letter proposing a lodging of non record material received from counsel for amici City of Irving, Texas, et al.
Mar 6, 2012
Reply of petitioner Tarrant Regional Water District filed.
Mar 7, 2012
DISTRIBUTED for Conference of March 23, 2012.
Mar 26, 2012
DISTRIBUTED for Conference of March 30, 2012.
Apr 2, 2012
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Nov 30, 2012
Brief amicus curiae of United States filed.
Dec 11, 2012
Supplemental brief of respondents Rudolf John Herrmann, et al. filed.
Dec 12, 2012
DISTRIBUTED for Conference of January 4, 2013.
Dec 12, 2012
Supplemental brief of petitioner Tarrant Regional Water District filed. (Distributed)
Dec 20, 2012
Lodging received from counsel for amici City of Irving, Texas, et al. in electronic format.
Jan 4, 2013
Motion for leave to file amici brief filed by City of Irving, Texas, City of Hugo, Oklahoma and Hugo Municipal Authority GRANTED.
Jan 4, 2013
Petition GRANTED.
Feb 11, 2013
SET FOR ARGUMENT ON Tuesday, April 23, 2013
Feb 12, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Feb 19, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Feb 19, 2013
Joint appendix filed. (Two Volumes) (Statement of costs filed.)
Feb 19, 2013
Brief of petitioner Tarrant Regional Water District filed.
Feb 20, 2013
Proposal of counsel for petitioners to lodge copies of non-record material which were relied on in their opening brief.
Feb 25, 2013
Brief amici curiae of City of Irving, Texas, City of Hugo, Oklahoma, and Hugo Municipal Authority filed.
Feb 25, 2013
Brief amicus curiae of North Texas Municipal Water District filed.
Feb 25, 2013
Brief amicus curiae of Upper Trinity Regional Water District filed.
Feb 26, 2013
Brief amici curiae of Olen Paul Matthews and Michael Pease filed.
Feb 26, 2013
Brief amicus curiae of City of Dallas filed.
Feb 26, 2013
Brief amicus curiae of United States supporting Vacatur and Remand filed.
Feb 26, 2013
Brief amici curiae of Fort Worth Chamber of Commerce, et al. filed.
Feb 26, 2013
Brief amicus curiae of Texas filed.
Feb 26, 2013
Brief amicus curiae of Texas Water Conservation Association filed.
Feb 26, 2013
Brief amici curiae of Cities of Arlington and Fort Worth, Texas filed. (Distributed)
Feb 26, 2013
Brief amicus curiae of North Texas Commission filed. (Distributed)
Feb 28, 2013
Record Received from the U.S.C.A. for the 10th Circuit. (1-Box )
Mar 1, 2013
CIRCULATED.
Mar 21, 2013
Brief of respondent Rudolf John Herrmann, et al. filed. (Distributed)
Mar 27, 2013
Brief amicus curiae of Oklahomans for Responsible Water Policy filed. (Distributed)
Mar 27, 2013
Brief amici curiae of Louisiana and Arkansas filed. (Distributed)
Mar 27, 2013
Brief amici curiae of Republican River Water Conservation District, et al. filed. (Distributed)
Mar 27, 2013
Brief amicus curiae of Oklahoma Independent Petroleum Association filed. (Distributed)
Mar 28, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 28, 2013
Brief amici curiae of Professors of law and political science filed. (Distributed)
Mar 28, 2013
Brief amicus curiae of City of Oklahoma City and Oklahoma City Water Utilities Trust filed.
Mar 28, 2013
Brief amici curiae of States of Colorado, et al. filed. (Distributed)
Mar 28, 2013
Brief amici curiae of Chickasaw and Choctaw Nations filed. (Distributed)
Mar 28, 2013
Proposal of amici Oklahoma City Water Utilities Trust to lodge non-record material.
Apr 9, 2013
Lodging consisting of three documents received from counsel for the petitioner. (Distributed).
Apr 12, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 15, 2013
Reply of petitioner Tarrant Regional Water District filed. (Distributed)
Apr 23, 2013
Argued. For petitioner: Charles A. Rothfeld, Washington, D. C.; and Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Lisa S. Blatt, Washington, D. C.
Jun 13, 2013
Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion for a unanimous Court.
Jul 15, 2013
JUDGMENT ISSUED.
Aug 16, 2013
Record returned to U.S.C.A. for 10th Circuit.

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