Question Presented (from Petition)
The Clean Water Act forbids the unpermitted "addition of any pollutant to navigable waters," 33 U.S.C. § 1362(12) (emphasis added). See id. § 1311(a). Below, the Oregon Department of Environmental Quality determined, pursuant to federally delegated power, that the Act's prohibition applies to small-scale suction dredge mining. Although such mining results in the movement of native streambed matter, it adds no material to the waters in which it is conducted. The Supreme Court of Oregon upheld the Department's assertion of Clean Water Act authority, ruling—in conflict with decisions of this Court as well as the D.C. and Sixth Circuit Courts of Appeals—that the mere repositioning of things within a water results in the "addition" of pollutants to that water.
The question presented is:
Does the Clean Water Act regulate activities that simply move pre-existing material, such as rock, sand, and gravel, within a "navigable water"?
Question Presented (AI Summary)
Does the Clean Water Act regulate activities that simply move pre-existing material, such as rock, sand, and gravel, within a 'navigable water'?
2020-05-26
DISTRIBUTED for Conference of 6/11/2020.
2020-05-21
Reply of petitioners Thomas A. Kitchar, et al. filed. Distributed
2020-05-08
Brief of respondents Oregon Department of Environmental Quality, et al. in opposition filed.
2020-04-03
Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2020.
2020-04-02
Motion to extend the time to file a response from April 8, 2020 to May 8, 2020, submitted to The Clerk.
2020-02-18
Motion to extend the time to file a response is granted and the time is extended to and including April 8, 2020.
2020-02-13
Motion to extend the time to file a response from March 9, 2020 to April 8, 2020, submitted to The Clerk.
2020-02-07
Response Requested. (Due March 9, 2020)
2020-02-05
DISTRIBUTED for Conference of 2/21/2020.
2020-02-03
Brief amici curiae of American Mining Rights Association, et al. filed. (Distributed)
2020-01-10
Waiver of right of respondents Oregon Department of Environmental Quality, et al. to respond filed.
2019-12-20
Petition for a writ of certiorari filed. (Response due February 3, 2020)
2019-09-05
Application (19A262) granted by Justice Kagan extending the time to file until December 22, 2019.
2019-09-03
Application (19A262) to extend the time to file a petition for a writ of certiorari from October 23, 2019 to December 22, 2019, submitted to Justice Kagan.