Record from U.S.C.A. 8th Circuit has been returned.

JUDGMENT ISSUED

Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Thomas, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Kennedy, J., filed a concurring opinion, in which Thomas and Alito, JJ., joined. Kagan, J., filed a concurring opinion. Ginsburg, J., filed an opinion concurring in part and concurring in the judgment.

Argued. For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: M. Reed Hopper, Sacramento, Cal.

Reply of petitioner United States Army Corps of Engineers filed. (Distributed)

Brief amicus curiae of National Federation of Independent Business Small Business Legal Center filed. (Distributed)

Brief amici curiae of the Council of State Governments, et al. filed. (Distributed)

Brief amici curiae of California Farm Bureau Federation, et al. filed. (Distributed)

Brief amicus curiae of The Chamber of Commerce of the United States of America filed.

Brief amicus curiae of Mountain States Legal Foundation filed. (Distributed)

Brief amici curiae of Ernest M. Park and Lauren Kent Park filed. (Distributed)

Brief amici curiae of Foundation for Environmental and Economic Progress, and Utility Water Act Group filed. (Distributed)

Brief amicus curiae of Southeastern Legal Foundation filed. (Distributed)

Brief amici curiae of The National Association of Home Builders, et al. filed. (Distributed)

Brief amici curiae of States of North Dakota, et al. filed. (Distributed)

Brief amici curiae of Ohio Chamber of Commerce, et al. filed. (Distributed)

Brief amici curiae of West Virginia, Ohio, and 21 Other States filed. (Distributed)

Brief amicus curiae of Cause of Action Institute filed. (Distributed)

Brief amicus curiae of The Cato Institute filed. (Distributed)

Brief amicus curiae of Center for Constitutional Jurisprudence filed. (Distributed)

Brief amici curiae of American Farm Bureau Federation, et al. filed. (Distributed)

Brief of respondents Hawkes Co., Inc., et al. filed. (Distributed)

Record received from the U.S.C.A. 8th Circuit. (1 Box)

CIRCULATED.

The time to file respondents' brief on the merits is extended to and including February 24, 2016.

Record requested from U.S.C.A. 8th Circuit.

Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioner.

SET FOR ARGUMENT ON Wednesday, March 30, 2016

Joint appendix filed. (Statement of cost filed.)

Brief of petitioner United States Army Corps of Engineers filed.

Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the respondents.

Petition GRANTED.

Motion for leave to file amicus brief filed by The National Association of Home Builders GRANTED.

DISTRIBUTED for Conference of December 11, 2015.

DISTRIBUTED for Conference of December 4, 2015.

Reply of petitioner United States Army Corps of Engineers filed.

Response to petition from respondents Hawkes Co., Inc., et al. filed.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Hawkes Co., Inc..

Motion for leave to file amicus brief filed by The National Association of Home Builders.

Response Requested . (Due October 28, 2015)

DISTRIBUTED for Conference of October 9, 2015.

Waiver of right of respondents Hawkes Co., Inc., et al. to respond filed.

Petition for a writ of certiorari filed. (Response due October 9, 2015)

United States Army Corps of Engineers, Petitioner, represented by Malcolm L. Stewart

United States Army Corps of Engineers, Petitioner, represented by Donald B. Verrilli Jr.

Hawkes Co., Inc., et al., Respondent, represented by M. Reed Hopper

American Farm Bureau Federation, et al., Amicus Curiae, represented by Timothy S. Bishop

California Farm Bureau Federation, et al., Amicus Curiae, represented by Peter Stanley Prows

Cause of Action Institute, Amicus Curiae, represented by Alfred J. Lechner Jr.

Center for Constitutional Jurisprudence, Amicus Curiae, represented by Anthony T. Caso

Chamber of Commerce of the United States of America, Amicus Curiae, represented by Michael H. Park

Ernest M. Park and Lauren Kent Park, Amicus Curiae, represented by Martin S. Kaufman

Foundation for Environmental and Economic Progress, and Utility Water Act Group, Amicus Curiae, represented by Virginia S. Albrecht

Mountain States Legal Foundation, Amicus Curiae, represented by Steven J. Lechner

National Federation of Independence Business Small Business Legal Center, Amicus Curiae, represented by Luke Anthony Wake

Ohio Chamber of Commerce, et al., Amicus Curiae, represented by James Van Carson

Southeastern Legal Foundation, Amicus Curiae, represented by Kimberly S. Hermann

States of North Dakota, et al., Amicus Curiae, represented by Paul M. Seby

The Cato Institute, Amicus Curiae, represented by Ilya Shapiro

the Council of State Governments, et al., Amicus Curiae, represented by Joseph W. Jacquot

The National Association of Home Builders, et al., Amicus Curiae, represented by Thomas J. Ward

West Virginia, Ohio, and 21 Other States., Amicus Curiae, represented by Elbert Lin