No. 18-593

StarLink Logistics, Inc. v. ACC, LLC, et al.

Lower Court: Tennessee
Docketed: 2018-11-06
Status: Denied
Type: Paid
Relisted (2) Experienced Counsel
Tags: clean-water-act effluent-limits navigable-waters npdes-permit point-source point-source-pollution preemption supremacy-clause
Latest Conference: 2020-05-01 (distributed 2 times)
Question Presented (from Petition)

Whether a state law that authorizes a polluter to discharge covered pollutants from a point source into the navigable waters of the United States without obtaining an NPDES permit and in concentrations that exceed effluent limits established by the Clean Water Act is preempted by the Clean Water Act and the Supremacy Clause, U.S. Const. art. VI, cl. 2.

Question Presented (AI Summary)

Whether a state law that authorizes a polluter to discharge covered pollutants from a point source into the navigable waters of the United States without obtaining an NPDES permit and in concentrations that exceed effluent limits established by the Clean Water Act is preempted by the Clean Water Act and the Supremacy Clause, U.S. Const. art. VI, cl. 2

Docket Entries

2020-05-04
Petition DENIED.
2020-04-27
DISTRIBUTED for Conference of 5/1/2020.
2020-04-27
Supplemental brief of petitioner StarLink Logistics Inc. filed. (Distributed)
2019-02-20
DISTRIBUTED for Conference of 3/15/2019.
2019-02-19
Reply of petitioner StarLink Logistics Inc. filed.
2019-02-06
Brief of respondent ACC, LLC in opposition filed.
2019-02-06
Brief of respondent Tennessee Solid Waste Disposal Control Board in opposition filed.
2018-12-07
Motion to extend the time to file a response is granted and the time is further extended to and including February 6, 2019, for all respondents.
2018-12-04
Motion to extend the time to file a response from January 7, 2019 to February 6, 2019, submitted to The Clerk.
2018-11-16
Motion to extend the time to file a response is granted and the time is extended to and including January 7, 2019, for all respondents.
2018-11-14
Motion to extend the time to file a response from December 6, 2018 to January 5, 2019, submitted to The Clerk.
2018-11-02
Petition for a writ of certiorari filed. (Response due December 6, 2018)
2018-08-28
Application (18A215) granted by Justice Kagan extending the time to file until November 2, 2018.
2018-08-24
Application (18A215) to extend the time to file a petition for a writ of certiorari from September 5, 2018 to November 2, 2018, submitted to Justice Kagan.

Attorneys

ACC, LLC, et al.
Alan Bruce WhiteBarnes & Thornburg LLP, Respondent
StarLink Logistics Inc.
Sarah Elaine HarringtonGoldstein & Russell, P.C., Petitioner
Tennessee Solid Waste Disposal Control Board
Elizabeth Parker McCarterTennessee Attorney General's Office, Respondent