No. 22-616

Turlock Irrigation District, et al. v. Federal Energy Regulatory Commission, et al.

Lower Court: District of Columbia
Docketed: 2023-01-06
Status: Denied
Type: Paid
Amici (2) Experienced Counsel
Tags: administrative-procedure certification-request clean-water-act federal-environmental-law federal-jurisdiction one-year-rule pro-forma-letters section-401 waiver
Latest Conference: 2023-04-14
Question Presented (from Petition)

Whether a State can avoid "waiv[ing]" its oneyear "period of time" in which "to act" on a "request
for certification" under Section 401 of the Clean Water
Act, 33 U.S.C. § 1341(a)(1)—thus rendering Section
401's one-year rule meaningless—by declaring in pro
forma letters every 364 days that the request is
"denied" and must be resubmitted if the applicant
ever wants to obtain a Section 401 certification, and
then repeating this every 364 days for as many years
as a State wishes to delay.

Question Presented (AI Summary)

Whether a State can avoid waiving its one-year period of time in which to act on a request for certification under Section 401 of the Clean Water Act

Docket Entries

2023-04-17
Petition DENIED.
2023-03-22
DISTRIBUTED for Conference of 4/14/2023.
2023-03-20
Reply of petitioners Turlock Irrigation District, et al. filed. (Distributed)
2023-03-08
Brief of respondent Federal Energy Regulatory Commission in opposition filed.
2023-03-08
Brief of respondent California State Water Resources Control Board in opposition filed.
2023-03-08
Brief of respondents Tuolumne River Trust, et al. in opposition filed.
2023-02-06
2023-02-06
Brief amici curiae of The Interstate Natural Gas Association of America and the American Petroleum Institute filed.
2023-02-01
The motions to extend the time to file responses are granted and the time is extended to and including March 8, 2023, for all respondents.
2023-01-31
Motion of the Solicitor General to extend the time to file a response from February 6, 2023 to March 8, 2023, submitted to The Clerk.
2023-01-30
Motion of California State Water Resources Control Board to extend the time to file a response from February 6, 2023 to March 8, 2023, submitted to The Clerk.
2023-01-04
Petition for a writ of certiorari filed. (Response due February 6, 2023)
2022-11-29
Application (22A467) granted by The Chief Justice extending the time to file until January 4, 2023.
2022-11-23
Application (22A467) to extend the time to file a petition for a writ of certiorari from December 5, 2022 to January 4, 2023, submitted to The Chief Justice.

Attorneys

California State Water Resources Control Board
Joshua PatashnikCalifornia Department of Justice, Respondent
Federal Energy Regulatory Commission
Elizabeth B. PrelogarSolicitor General, Respondent
Hydropower
Michael Andre SwigerVan Ness Feldman LLP, Amicus
The Interstate Natural Gas Association of America and the American Petroleum Institute
George Peter Sibley IIIHunton Andrews Kurth LLP, Amicus
Tuolumne River Trust
Lena Husani HughesMorrison & Foerster LLP, Respondent
Turlock Irrigation District, et al.
Misha TseytlinTroutman Pepper Hamilton Sanders LLP, Petitioner