Decided

No. 18-260

County of Maui, Hawaii v. Hawaii Wildlife Fund, et al.

from the United States Court of Appeals for the Ninth Circuit

See other cases from the Ninth Circuit.

Docket Entries

JUDGMENT ISSUED.

Motion to divide costs filed by respondents Hawaii Wildlife Fund, et al.

Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Kavanaugh, J., filed a concurring opinion. Thomas, J., filed a dissenting opinion, in which Gorsuch, J., joined. Alito, J., filed a dissenting opinion.

Argued. For petitioner: Elbert Lin, Richmond, Va.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: David L. Henkin, Honolulu, Haw.

Letter of petitioner County of Maui, Hawaii filed.

Letter of petitioner County of Maui, Hawaii filed.

Letter of respondents Hawai'i Wildlife Fund, et al. filed.

Record received from the U.S.D.C. of Hawaii is electronic and located on PACER, with the exception of electronically filed Sealed documents.

Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.

Record requested from the U.S.C.A. 9th Circuit.

CIRCULATED

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.

Reply of petitioner County of Maui, Hawaii filed.

Brief amicus curiae of Fond du Lac Band of Lake Superior Chippewa filed.

Brief amici curiae of Former EPA Administrators filed.

Brief amici curiae of Upstate Forever and Savannah Riverkeeper filed.

Brief amicus curiae of Constitutional Accountability Center filed.

Brief amici curiae of Law Professors filed.

Brief amici curiae of Aquatic Scientists and Scientific Societies filed.

Brief amici curiae of Anderson County, South Carolina and Decatur County, Tennessee filed.

Brief amici curiae of States of Maryland, et al. filed.

Brief amicus curiae of Craft Brewers filed.

Brief amici curiae of Former EPA Officials filed.

Brief amicus curiae of Trout Unlimited filed.

Brief of respondents Hawai'i Wildlife Fund, et al. filed.

SET FOR ARGUMENT on Wednesday, November 6, 2019.

Letter to the Court of Hawai'i Wildlife Fund, et al. not accepted for filing. (July 12, 2019 - Not the type of letter to be submitted through the electronic filing system)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief amici curiae of Florida Water Environmental Association- Utility Council; Florida Rural Water Association; Florida Electric Power Coordinating Group- Environmental Committee filed.

Brief amici curiae of Water Systems Council and The National Groundwater Association filed.

Brief amici curiae of State of West Virginia, 19 other States, and the Governors of Kentucky and Mississippi filed.

Brief amicus curiae of Federal Water Quality Coalition filed.

Brief amicus curiae of Pacific Legal Foundation filed.

Brief amicus curiae of National Association of Home Builders of the United States filed.

Brief amici curiae of Kinder Morgan Energy Partners, L.P. and Plantation Pipe Line Company, Inc. filed.

Brief amici curiae of National Federation of Independent Business Small Business Legal Center,et al. filed.

Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed.

Brief amici curiae of Edison Electric Institute, et al. filed.

Brief amici curiae of National Conference of State Legislatures, et al. filed.

Brief amici curiae of Wychmere Shores Condominium Trust, et al. filed.

Brief amicus curiae of United States filed.

Brief amici curiae of United States Senators filed.

Brief amici curiae of National Association of Clean Water Agencies, et al. filed.

Brief amicus curiae of Energy Transfer Partners, L.P. filed.

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

Brief amici curiae of Agricultural Business Organizations filed.

Brief of petitioner County of Maui, Hawaii filed.

Joint appendix filed. (Statement of cost received)

Blanket Consent filed by Respondents, Hawai'i Wildlife Fund, et al.

Joint motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 9, 2019. The time to file respondents' brief on the merits is extended to and including July 12, 2019.

Joint motion for an extension of time to file the briefs on the merits filed.

Petition GRANTED limited to Question 1 presented by the petition.

DISTRIBUTED for Conference of 2/15/2019.

Letter of January 28, 2019, from counsel for petitioner received.

DISTRIBUTED for Conference of 1/18/2019.

Second supplemental brief of respondents Hawai'i Wildlife Fund, et al. filed.

Supplemental brief of petitioner County of Maui, Hawaii filed.

Brief amicus curiae of United States filed. VIDED.

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.

Supplemental brief of respondents Hawai'i Wildlife Fund, et al. filed. (Distributed)

DISTRIBUTED for Conference of 11/30/2018.

Reply of petitioner County of Maui, Hawaii filed.

Brief of respondents Hawai'i Wildlife Fund, et al. in opposition filed.

Supplemental brief of petitioner County of Maui, Hawaii filed.

Brief amici curiae of Association of California Water Agencies, et al. filed.

Brief amici curiae of State of West Virginia, et al. filed.

Brief amicus curiae of Pacific Legal Foundation filed.

Motion to extend the time to file a response is granted and the time is extended to and including October 31, 2018.

Motion to extend the time to file a response from October 1, 2018 to October 31, 2018, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due October 1, 2018)

Application (17A1343) granted by Justice Kennedy extending the time to file until August 27, 2018.

Application (17A1343) to extend the time to file a petition for a writ of certiorari from June 28, 2018 to August 27, 2018, submitted to Justice Kennedy.

Parties

County of Maui, Hawaii, Petitioner, represented by Elbert Lin

County of Maui, Hawaii, Petitioner, represented by Michael R. Shebelskie

Amici Curiae

Agricultural Business Organizations, Amicus Curiae, represented by Timothy S. Bishop

Anderson County, South Carolina and Decatur County, Tennessee, Amicus Curiae, represented by Caleb Adam Jaffe

Aquatic Scientists and Scientific Societies, Amicus Curiae, represented by Royal C. Gardner

Chamber of Commerce of the United States of America, Amicus Curiae, represented by Aaron Michael Streett

Constitutional Accountability Center, Amicus Curiae, represented by Brianne Jenna Gorod

Craft Brewers, Amicus Curiae, represented by Richard B. Kendall

Edison Electric Institute, et al., Amicus Curiae, represented by Thomas Allen Lorenzen

Energy Transfer Partners, L.P., Amicus Curiae, represented by Miguel A. Estrada

Federal Water Quality Coalition, Amicus Curiae, represented by Alan Bruce White

Florida Water Environmental Association- Utility Council; Florida Rural Water Association; Florida Electric Power Coordinating Group- Environmental Committee, Amicus Curiae, represented by Gary Vergil Perko

Florida Water Environmental Association- Utility Council; Florida Rural Water Association; Florida Electric Power Coordinating Group- Environmental Committee, Amicus Curiae, represented by Kristen Candice Diot

Fond du Lac Band of Lake Superior Chippewa, Amicus Curiae, represented by Elise Laine Larson

Former EPA Administrators, Amicus Curiae, represented by Sarah Elaine Harrington

Former EPA Officials, Amicus Curiae, represented by Shaun Alaric Goho

Kinder Morgan Energy Partners, L.P. and Plantation Pipe Line Company, Inc., Amicus Curiae, represented by Paul D. Clement

Law Professors, Amicus Curiae, represented by Stephen E. Roady

National Association of Clean Water Agencies, Amicus Curiae, represented by Richard Scott Davis

National Association of Home Builders of the United States, Amicus Curiae, represented by Thomas Jon Ward

National Conference of State Legislatures, et al., Amicus Curiae, represented by Jonathan Gerard Andre Monette

National Federation of Independent Business Small Business Legal Center, et al, Amicus Curiae, represented by Theodore Hadzi-Antich

National Groundwater Association and Water Systems Council, Amicus Curiae, represented by Jesse James Richardson Jr.

Pacific Legal Foundation, Amicus Curiae, represented by Glenn Evans Roper

Pacific Legal Foundation, Amicus Curiae, represented by Damien Michael Schiff

State of Maryland et al., Amicus Curiae, represented by Joshua Morris Segal

State of West Virginia, 19 other States, and the Governors of Kentucky and Mississippi, Amicus Curiae, represented by Lindsay Sara See

Trout Unlimited, Amicus Curiae, represented by Roy T. Englert Jr.

United States, Amicus Curiae, represented by Noel John Francisco

United States Senators, Amicus Curiae, represented by Sean Marotta

Upstate Forever and Savannah Riverkeeper, Amicus Curiae, represented by Michael K. Kellogg

Washington Legal Foundation, Amicus Curiae, represented by Richard A. Samp

Wychmere Shores Condominium Trust and Longwood Venues & Destinations, Inc., Amicus Curiae, represented by Kevin Michael McGinty

 
Last updated: March 18, 2024