| No. 16-299 | |
| Title: | National Association of Manufacturers, Petitioner v. Department of Defense, et al. |
| Docketed: | September 7, 2016 |
| Linked with 16A11, 17A146 | |
| Lower Ct: | United States Court of Appeals for the Sixth Circuit |
| Case Numbers: | (15-3751) |
| Decision Date: | February 22, 2016 |
| Rehearing Denied: | April 21, 2016 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Jun 30 2016 | Application (16A11) to extend the time to file a petition for a writ of certiorari from July 20, 2016 to September 2, 2016, submitted to Justice Kagan. |
| Jul 01 2016 | Application (16A11) granted by Justice Kagan extending the time to file until September 2, 2016. |
| Sep 02 2016 | Petition for a writ of certiorari filed. (Response due October 7, 2016) |
| Sep 29 2016 | Order extending time to file response to petition to and including November 7, 2016. |
| Oct 05 2016 | Brief of respondents Agrowstar LLC, et al. in support filed. |
| Oct 07 2016 | Brief of respondents American Farm Bureau Federation, et al. in support filed. |
| Oct 07 2016 | Brief of respondents Ohio, et al. filed. |
| Oct 28 2016 | Order further extending time to file response to petition to and including December 7, 2016. |
| Dec 07 2016 | Brief of Federal Respondents in opposition filed. |
| Dec 20 2016 | Reply of petitioner National Association of Manufacturers filed. |
| Dec 21 2016 | DISTRIBUTED for Conference of January 6, 2017. |
| Jan 09 2017 | DISTRIBUTED for Conference of January 13, 2017. |
| Jan 13 2017 | Petition GRANTED. |
| Jan 27 2017 | Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the petitioner filed. |
| Jan 31 2017 | Motion to dispense with printing the joint appendix filed by petitioner National Association of Manufacturers. |
| Feb 01 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents AGrowStar, LLC, et al. |
| Feb 15 2017 | The time to file petitioner's brief on the merits is extended to and including March 29, 2017. |
| Feb 17 2017 | The time to file respondents' briefs on the merits is extended to and including May 31, 2017. |
| Feb 21 2017 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Mar 06 2017 | Motion to hold the briefing schedule in abeyance filed by federal respondents. |
| Mar 07 2017 | The time to file petitioner's brief on the merits is further extended to and including April 13, 2017. |
| Mar 15 2017 | Motion DISTRIBUTED for Conference of March 31, 2017. |
| Mar 15 2017 | Opposition of respondents American Farm Bureau Federation, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed) |
| Mar 15 2017 | Response of respondents Ohio, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed) |
| Mar 15 2017 | Opposition of respondents Natural Resources Defense Council, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed) |
| Mar 16 2017 | Opposition of respondents Waterkeeper Alliance, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed) |
| Mar 17 2017 | Opposition of respondents New York, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed) |
| Apr 03 2017 | Motion to hold the briefing schedule in abeyance DENIED. |
| Apr 06 2017 | The time to file petitioner's brief on the merits is further extended to and including April 27, 2017. |
| Apr 21 2017 | Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for respondents American Farm Bureau Federation, et al. filed. |
| Apr 26 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Federal Respondent. |
| Apr 26 2017 | Brief of respondents Agrowstar LLC, et al. in support filed. |
| Apr 27 2017 | Brief of respondents Waterkeeper Alliance, Inc., et al. in support filed. |
| Apr 27 2017 | Brief of respondent Utility Water Act Group in support filed. |
| Apr 27 2017 | Brief of petitioner National Association of Manufacturers filed. |
| Apr 27 2017 | Brief of respondents Ohio, et al. in support filed. |
| Apr 27 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Ohio, et al |
| May 03 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for intervenors-respondents New York, et al. |
| May 04 2017 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. |
| May 05 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Waterkeeper Alliance, et al. |
| May 10 2017 | The time to file respondents' briefs on the merits is extended to and including July 28, 2017. |
| Jun 26 2017 | Motion for divided argument filed by respondents Ohio, et al. |
| Jul 19 2017 | SET FOR ARGUMENT on Wednesday, October 11, 2017. |
| Jul 28 2017 | Brief of respondents Department of Defense, et al. filed. |
| Jul 28 2017 | Brief of respondents Natural Resources Defense Council, et al. filed. |
| Aug 01 2017 | Record requested from the U.S.C.A. 6th Circuit. |
| Aug 03 2017 | Record received from the U.S.C.A. 6th Circuit is electronic. |
| Aug 03 2017 | Application (17A146) to extend the time to file reply briefs on the merits from August 28, 2017 to September 11, 2017, submitted to Justice Kagan. |
| Aug 07 2017 | Application (17A146) granted by Justice Kagan extending the time to file reply briefs on the merits until September 11, 2017. |
| Aug 09 2017 | CIRCULATED |
| Aug 25 2017 | Motion for divided argument filed by respondents Ohio, et al. in support of petitioner GRANTED. |
| Sep 08 2017 | Reply of respondents State Respondents Ohio, et al. in support of petitioner filed. (Distributed) |
| Sep 11 2017 | Reply of respondent Utility Water Act Group in support of petitioner filed. (Distributed) |
| Sep 11 2017 | Reply of respondents Waterkeeper Alliance, Inc., et al. in support of petitioner filed. (Distributed) |
| Sep 11 2017 | Reply of petitioner National Association of Manufacturers filed. (Distributed) |
| Oct 11 2017 | Argued. For petitioner: Timothy S. Bishop, Chicago, Ill. For respondents Ohio, et al. in support of petitioner: Eric E. Murphy, State Solicitor for Ohio, Columbus, Ohio. For respondents: Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Nov 17 2017 | Letter of petitioner National Association of Manufacturers filed. (Distributed) |
| Main Document | |
| Nov 22 2017 | Letter of respondents Department of Defense, et al. filed. (Distributed) |
| Main Document | |
| Jan 22 2018 | Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court. |
| Feb 23 2018 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Timothy S. Bishop Counsel of Record | Mayer Brown LLP 71 South Wacker Drive Chicago, IL 60606 tbishop@mayerbrown.com | 312-782-0600 |
| Party name: National Association of Manufacturers | ||
| Attorneys for Respondents | ||
| Andrew D. Bing Counsel of Record | Deputy Solicitor General The Capitol Albany, NY 12224-0341 Andrew.Bing@ag.ny.gov | (518) 776-2050 |
| Party name: New York, et al. | ||
| Kristy A. Niehaus Bulleit Counsel of Record | Hunton & Williams, LLP 2200 Pennsylvania Ave., N.W. Washington, DC 20037 kbulleit@hunton.com | 202-955-1500 |
| Party name: Utility Water Act Group | ||
| Kristy A.N. Bulleit Counsel of Record | Hunton & Williams LLP 1900 K Street, N.W. Washington, DC 20006 | (202) 955-1547 |
| Party name: Utility Water Act Group | ||
| Eric F. Citron Counsel of Record | Goldstein & Russell, P.C. 7475 Wisconsin Ave., Suite 850 Bethesda, MD 20814 ec@goldsteinrussell.com | (202) 362-0636 |
| Party name: Natural Resources Defense Council, et al. | ||
| Noel J. Francisco Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: Department of Defense, et al. | ||
| M. Reed Hopper Counsel of Record | Pacific Legal Foundation 930 G Street Sacramento, CA 95814 mrh@pacificlegal.org | (916) 419-7111 |
| Party name: Agrowstar LLC, et al. | ||
| Allison M. LaPlante Counsel of Record | Lewis & Clark Law School, Earthrise Law Center 10015 S.W. Terwilliger Boulevard Portland, OR 97219 laplante@lclark.edu | (503)-768-6894 |
| Party name: Waterkeeper Alliance, Inc., et al. | ||
| Allison Michelle LaPlante Counsel of Record | Earthrise Law Center, Lewis & Clark Law School 10015 S.W. Terwilliger Blvd. Portland, OR 97219 laplante@lclark.edu | (503)-768-6894 |
| Party name: Waterkeeper Alliance, Inc., et al. | ||
| Eric E. Murphy Counsel of Record | Office of the Attorney General 30 East Broad Street, 17th Floor Columbus, OH 43215 eric.murphy@ohioattorneygeneral.gov | (614)-466-8980 |
| Party name: State Respondents Ohio, et al. in support of petitioner | ||
| Ellen Steen Counsel of Record | American Farm Bureau Federation 600 Maryland Ave., SW, Suite 1000W Washington, DC 20024 ellens@fb.org | (202) 406-3616 |
| Party name: American Farm Bureau Federation, et al. | ||
| Other | ||
| William S. Consovoy | Consovoy McCarthy Park PLLC 3033 Wilson Boulevard, Suite 700 Arlington , VA 22201 will@consovoymccarthy.com | (703) 243-9423 |
| Party name: The Chamber of Commerce of the United States of America, et al. | ||