No. 19-257

California Trout, et al. v. Hoopa Valley Tribe, et al.

Lower Court: District of Columbia
Docketed: 2019-08-28
Status: Denied
Type: Paid
Amici (1)Response Waived Experienced Counsel
Tags: certification certification-request circuit-conflict clean-water-act environmental-protection forum-shopping project-licensing section-401 state-authority waiver water-quality
Latest Conference: 2019-12-06
Question Presented (from Petition)

Do states waive their authority under section 401 of the Clean Water Act if they do not approve or deny a certification request within one year, even when an applicant withdraws and resubmits the request before that one year ends?

Question Presented (AI Summary)

Do states waive their authority under section 401 of the Clean Water Act if they do not approve or deny a certification request within one year, even when an applicant withdraws and resubmits the request before that one year ends?

Docket Entries

2019-12-09
Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
2019-11-13
DISTRIBUTED for Conference of 12/6/2019.
2019-11-06
Reply of petitioners California Trout, et al. filed.
2019-10-28
Brief of respondent United States in opposition filed.
2019-10-28
Brief of respondent PacifiCorp in opposition filed.
2019-10-28
Brief of respondent Hoopa Valley Tribe in opposition filed.
2019-09-27
Brief amici curiae of State of Oregon, et al. filed.
2019-09-19
Motion of the Solicitor General to extend the time to file a response is granted and the time is extended to and including October 28, 2019, for all respondents.
2019-09-18
Motion of the Solicitor General to extend the time to file a response from September 27, 2019 to October 28, 2019, submitted to The Clerk.
2019-09-10
Waiver of right of respondent County of Siskiyou to respond filed.
2019-09-09
Motion to extend the time to file a response is granted and the time is extended for all respondents to and including October 28, 2019.
2019-09-06
Motion to extend the time to file a response from September 27, 2019 to October 28, 2019, submitted to The Clerk.
2019-08-30
Blanket Consent filed by Petitioner, California Trout, et al.
2019-08-26
Petition for a writ of certiorari filed. (Response due September 27, 2019)
2019-07-23
Application (19A92) granted by The Chief Justice extending the time to file until August 26, 2019.
2019-07-19
Application (19A92) to extend the time to file a petition for a writ of certiorari from July 25, 2019 to August 26, 2019, submitted to The Chief Justice.

Attorneys

California Trout, et al.
Andrew Harry ErteschikPoyner Spruill LLP, Petitioner
County of Siskiyou
Paul S. WeilandNossaman LLP, Respondent
Hoopa Valley Tribe
Thane Dennis SomervilleMorisset Schlosser Jozwiak & Somerville, Respondent
PacifiCorp
Misha TseytlinTroutman Sanders LLP, Amicus
State of Oregon
Benjamin Noah GutmanOregon Department of Justice, Amicus
United States
Noel J. FranciscoSolicitor General, Respondent