Question Presented (from Petition)
(1) Do the Clean Water Act and NPDES rules require a "causation" demonstration beyond a "mere possibility" to impose more restrictive effluent limitations when applying Massachusetts's narrative criteria?
(2) Should this Court narrow or overturn its rulings in Cheuron and Auer, to ensure meaningful, independent judicial review because those decisions are being used to create extreme deference in reviewing agency action, raising substantive due process concerns?
Question Presented (AI Summary)
Whether the Clean Water Act and NPDES rules require a demonstration of causation beyond a 'mere possibility' to impose more restrictive effluent limitations when applying a state's narrative water quality criteria
2019-02-19
Motion for leave to file out of time amicus brief filed by City of Dover, New Hampshire DENIED.
2019-01-23
DISTRIBUTED for Conference of 2/15/2019.
2019-01-17
Reply of petitioner City of Taunton, Massachusetts filed.
2019-01-04
Brief of respondent Environmental Protection Agency in opposition filed.
2019-01-04
Motion for leave to file amicus brief out of time filed by City of Dover, New Hampshire. (1/15/2019)
2018-11-30
Motion to extend the time to file a response is granted and the time is extended to and including January 4, 2019.
2018-11-29
Motion to extend the time to file a response from December 5, 2018 to January 4, 2019, submitted to The Clerk.
2018-11-05
Response Requested. (Due December 5, 2018)
2018-10-24
DISTRIBUTED for Conference of 11/9/2018.
2018-10-17
Waiver of right of respondent Environmental Protection Agency to respond filed.
2018-10-05
Petition for a writ of certiorari filed. (Response due November 9, 2018)