from the United States Court of Appeals for the Ninth Circuit
See other cases from the Ninth Circuit.
Judgment issued.
Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Gorsuch, and Barrett, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Kagan, J., filed an opinion concurring in the judgment, in which Sotomayor and Jackson, JJ., joined. Kavanaugh, J., filed an opinion concurring in the judgment, in which Sotomayor, Kagan, and Jackson, JJ., joined.
Letter bringing the Court's attention to order granting preliminary injunction in Kentucky v. EPA, Nos. 23-5343/5345 (6th Cir. May 10, 2023) filed. (Distributed)
Letter bringing the Court's attention to the order granting preliminary injunction in W. Va. v. EPA, 3:23-cv-00032-DLH-ARS (D.N.D. April 12, 2023) filed. (Distributed)
Letter bringing the Court's attention to memorandum opinion and order granting preliminary injunction, Texas v. EPA, No. 3:23-cv-00017 (S.D. Tex. March 19, 2023) filed. (Distributed)
Letter of petitioners in response to the December 30, 2022 letter of the Solicitor General filed. (Distributed)
Letter from respondents notifying the Court of the joint final rule agreed on between the EPA and the Dept. of the Army regarding "waters of the United States" under the Clean Water Act. (Distributed)
Argued. For petitioners: Damien M. Schiff, Sacramento, Cal. For respondents: Brian H. Fletcher, Acting Solicitor General, Department of Justice, Washington, D. C.
CIRCULATED
Reply of petitioners Michael Sackett, et al. filed.
The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Record requested from the 9th Circuit.
Brief amici curiae of Water Resource Management Organizations filed.
Brief amici curiae of Environmental and Community Organizations filed.
Brief amicus curiae of Constitutional Accountability Center filed.
Brief amici curiae of American Sustainable Business Network, et al. filed.
Brief amici curiae of 167 U.S. Members of Congress filed.
Brief amicus curiae of Public Citizen filed.
Brief amici curiae of Outdoor Recreation and Conservation Organizations filed.
Brief amicus curiae of Idaho Conservation League filed.
Brief amicus curiae of National Association of Clean Water Agencies filed.
Brief amici curiae of Menominee Indian Tribe of Wisconsin, et al. filed.
Brief amici curiae of New York, et al. filed.
Brief amicus curiae of Colorado filed.
Brief amici curiae of Former EPA Administrators William K. Reilly, et al. filed.
Brief amici curiae of Waterkeeper Alliance, et al. filed.
Brief amicus curiae of Scientific Societies filed.
ARGUMENT SET FOR Monday, October 3, 2022.
Brief of respondents U.S. Environmental Protection Agency, et al. filed.
Brief amici curiae of Associated Industries of Florida and Florida H2O Coalition filed.
Brief amici curiae of Farm Bureaus of Arkansas, et al. filed (4/21/22.)
Amicus brief of Farm Bureaus of Arkansas, et al. not accepted for filing. (Corrected version to be submitted-- April 20, 2022.)
Brief amicus curiae of Western Urban Water Coalition in support of neither party filed.
Brief amici curiae of American Exploration and Mining Association, et al. filed.
Brief amici curiae of Savannah Economic Development Authority, et al. filed.
Brief amicus curiae of National Cattlemen's Beef Association filed.
Brief amicus curiae of State of Alaska filed.
Brief amicus curiae of Freeport-McMoRan Inc. filed.
Brief amicus curiae of Association of American Railroads filed.
Brief amicus curiae of Property and Environment Research Center filed.
Brief amici curiae of Cato Institute, et al. filed.
Brief amici curiae of State of West Virginia and 25 Other States filed.
Brief amici curiae of American Petroleum Institute, et al. filed.
Brief amici curiae of Sen. Shelley Moore Capito, et al. filed.
Brief amicus curiae of Duarte Nursery, Inc. filed.
Brief amici curiae of The National Association of Counties, et al. filed.
Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
Brief amici curiae of Wyoming Stock Growers Association, et al. filed.
Brief amicus curiae of Chamber of Commerce of the United States filed.
Brief amicus curiae of National Association of Home Builders filed.
Brief amici curiae of Fourteen National Agricultural Organizations filed.
Brief amici curiae of Forestry Organizations filed.
Brief amici curiae of Atlantic Legal Foundation, et al. filed.
Brief amicus curiae of Americans for Prosperity Foundation filed.
Brief amicus curiae of Liberty Justice Center filed.
Brief amici curiae of Congressional Western Caucus Members filed.
Brief amici curiae of National Stone, Sand and Gravel Association, et al. filed.
Brief amicus curiae of Southeastern Legal Foundation filed.
Joint appendix filed. (Statement of costs filed)
Brief of petitioners Michael Sackett, et al. filed.
Blanket Consent filed by Respondents, U.S. Environmental Protection Agency, et al.
Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including April 11, 2022. The time to file respondents' brief on the merits is extended to and including June 10, 2022.
Joint motion for an extension of time to file the briefs on the merits filed.
Petition GRANTED limited to the following question: Whether the Ninth Circuit set forth the proper test for determining whether wetlands are "waters of the United States" under the Clean Water Act, 33 U. S. C. §1362(7).
Reply of petitioners Michael Sackett, et al. filed. (Distributed)
Waiver of the 14-day waiting period under Rule 15.5 filed.
Brief of respondents U.S. Environmental Protection Agency, et al. in opposition filed.
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Brief amicus curiae of New England Legal Foundation filed.
Brief amicus curiae of National Association of Home Builders filed.
Brief amici curiae of the Cato Institute, et al. filed.
Brief amici curiae of State of West Virginia, et al. filed.
Brief amicus curiae of Southeastern Legal Foundation filed.
Motion to extend the time to file a response is granted and the time is extended to and including November 24, 2021.
Motion to extend the time to file a response from October 25, 2021 to November 24, 2021, submitted to The Clerk.
Blanket Consent filed by Petitioner, Michael Sackett, et al.
Petition for a writ of certiorari filed. (Response due October 25, 2021)
Michael Sackett, et al., Petitioner, represented by Damien Michael Schiff
U.S. Environmental Protection Agency, et al., Respondent, represented by Brian Halligan Fletcher
167 U.S. Members of Congress in Support of Respondents, Amicus Curiae, represented by Sara Anita Colangelo
American Exploration and Mining Association et al., Amicus Curiae, represented by Christopher D. Thomas
American Petroleum Institute, Association of Oil Pipe Lines, and American Gas Association, Amicus Curiae, represented by Catherine Emily Stetson
Americans for Prosperity Foundation, Amicus Curiae, represented by Michael David Pepson
American Sustainable Business Network, National Latino Farmers and Ranchers Trade Association, Ecological Restoration Business Association, and Craft Brewers, Amicus Curiae, represented by Max Ephraim Rodriguez
Associated Industries of Florida and Florida H2O Coalition, Amicus Curiae, represented by Terry Paul Cole
Association of American Railroads, Amicus Curiae, represented by Fred R. Wagner
Atlantic Legal Foundation, Conservatives for Property Rights, Committee for Justice, Amicus Curiae, represented by Lawrence S. Ebner
Cato Institute, Amicus Curiae, represented by Jay Remington Schweikert
Chamber of Commerce of the United States of America, Amicus Curiae, represented by Elbert Lin
Claremont Institute's Center for Constitutional Jurisprudence, Amicus Curiae, represented by Anthony Thomas Caso
Colorado, Amicus Curiae, represented by Eric Reuel Olson
Congressional Western Caucus Members, Amicus Curiae, represented by Tyler Green
Constitutional Accountability Center, Amicus Curiae, represented by Brianne Jenna Gorod
Duarte Nursery, Inc., Amicus Curiae, represented by Timothy Vartkes Kassouni
Environmental and Community Organizations, Amicus Curiae, represented by Nicholas Steele Torrey
Farm Bureaus of Arkansas, Arizona, California, Colorado, Illinois, Indiana, Iowa, Kansas, Minnesota, Missouri, Nebraska, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas and Virginia, Amicus Curiae, represented by Michael B. Kimberly
Forestry Organizations, Amicus Curiae, represented by David Yolun Chung
Former EPA Administrators William K. Reilly and Carol M. Browner, Amicus Curiae, represented by Beth Susan Brinkmann
Fourteen National Agricultural Organizations, Amicus Curiae, represented by Timothy S. Bishop
Freeport-McMoRan Inc., Amicus Curiae, represented by Jeremy Charles Marwell
Idaho Conservation League, Amicus Curiae, represented by Caleb Adam Jaffe
Liberty Justice Center, Amicus Curiae, represented by Daniel Robert Suhr
Menominee Indian Tribe of Wisconsin and 17 Federally Recognized Indian Tribes, Amicus Curiae, represented by Janette K. Brimmer
National Association of Clean Water Agencies, Amicus Curiae, represented by Alexandra Dapolito Dunn
National Association of Home Builders, Amicus Curiae, represented by Thomas Jon Ward
National Stone, Sand and Gravel Association and The American Road and Transportation Builders Association, Amicus Curiae, represented by Lawrence R. Liebesman
New England Legal Foundation, Amicus Curiae, represented by John Pagliaro
New York, California, Connecticut, Delaware, Hawaiʻi, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, North Carolina, Oregon, Vermont, Washington, Wisconsin, and the District of Columbia, Amicus Curiae, represented by Barbara Dale Underwood
Outdoor Recreation and Conservation Organizations, Amicus Curiae, represented by Jennifer Suzanne Windom
Property and Environment Research Center, Amicus Curiae, represented by Jonathan Calvin Wood
Public Citizen, Amicus Curiae, represented by Scott Lawrence Nelson
Savannah Economic Development Authority, Greenland Developers, LLC, and Resource & Land Consultants LLC, Amicus Curiae, represented by Misha Tseytlin
Scientific Societies, Amicus Curiae, represented by Royal C. Gardner
Sen. Shelley Moore Capito, Rep. Sam Graves, and a Coalition of 199 Members of Congress, Amicus Curiae, represented by Thomas Michael Johnson Jr.
Southeastern Legal Foundation, Amicus Curiae, represented by Jennifer Anne Simon
State of Alaska, Amicus Curiae, represented by David Andrew Wilkinson
State of West Virginia and 25 Other States, Amicus Curiae, represented by Lindsay Sara See
The Cato Institute, Amicus Curiae, represented by Ilya Shapiro
The National Association of Counties, National League of Cities, United States Conference of Mayors, International City/County Management Association, International Municipal Lawyers Association, et al., Amicus Curiae, represented by Jonathan Gerard Andre Monette
Waterkeeper Alliance, San Francisco Baykeeper, Bayou City Waterkeeper, and 47 Other Waterkeeper Organizations, Amicus Curiae, represented by Anna-Rose Mathieson
Water Resource Management Organizations, Amicus Curiae, represented by Caitlin Joan Halligan
Water Resource Management Organizations, Amicus Curiae, represented by Max Harris Siegel
Western Urban Water Coalition, Amicus Curiae, represented by Meredith R. Weinberg
Wyoming Stock Growers Association, Wyoming Association of Conservation Districts, and Progressive Pathways, Amicus Curiae, represented by Karen Budd-Falen