No. 18-555

Marquette County Road Commission v. Environmental Protection Agency, et al.

Lower Court: Sixth Circuit
Docketed: 2018-10-29
Status: Denied
Type: Paid
Amici (2) Experienced Counsel
Tags: administrative-procedure-act administrative-procedure-act-apa agency-action clean-water-act clean-water-act-cwa environmental-protection epa-veto final-agency-action judicial-review permit-approval state-authority state-permitting wetlands
Latest Conference: 2019-03-01
Question Presented (from Petition)

Whether an arbitrary and capricious EPA veto of a state-approved CWA § 404 permit, a final agency action that denies the state-approved permit forevermore, and binds all parties, is subject to judicial review under the APA.

Question Presented (AI Summary)

Whether an arbitrary and capricious EPA veto of a state-approved CWA § 404 permit, a final agency action that denies the state-approved permit forevermore, and binds all parties, is subject to judicial review under the APA

Docket Entries

2019-03-04
Petition DENIED.
2019-02-13
DISTRIBUTED for Conference of 3/1/2019.
2019-02-11
Reply of petitioner Marquette County Road Commission filed.
2019-01-28
Brief of respondents Environmental Protection Agency, et al. in opposition filed.
2018-12-19
Motion to extend the time to file a response is granted and the time is further extended to and including January 28, 2019.
2018-12-18
Motion to extend the time to file a response from December 28, 2018 to January 28, 2019, submitted to The Clerk.
2018-11-28
Brief amici curiae of Southeastern Legal Foundation, et al. filed.
2018-11-28
Brief amici curiae of County Road Association of Michigan, et al. filed.
2018-11-21
Motion to extend the time to file a response from November 28, 2018 to December 28, 2018, submitted to The Clerk.
2018-11-21
Motion to extend the time to file a response is granted and the time is extended to and including December 28, 2018.
2018-11-16
Blanket Consent filed by Petitioner, Marquette County Road Commission.
2018-10-25
Petition for a writ of certiorari filed. (Response due November 28, 2018)
2018-08-03
Application (18A129) granted by Justice Kagan extending the time to file until October 25, 2018.
2018-08-01
Application (18A129) to extend the time to file a petition for a writ of certiorari from August 27, 2018 to October 25, 2018, submitted to Justice Kagan.

Attorneys

County Road Association of Michigan and Stand U.P.
Paul J. Beard IIAlston & Bird LLP, Amicus
Environmental Protection Agency, et al.
Noel J. FranciscoSolicitor General, Respondent
Marquette County Road Commission
Mark MillerPacific Legal Foundation, Petitioner
Southeastern Legal Foundation and Mackinac Center for Public Policy
Kimberly Stewart HermannSoutheastern Legal Foundation, Amicus