| ~~~Date~~~ | ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ |
| Sep 20 2007 |
Application (07A257) to extend the time to file a petition for a writ of certiorari from October 3, 2007 to November 2, 2007, submitted to Justice Ginsburg. |
| Sep 25 2007 |
Application (07A257) granted by Justice Ginsburg extending the time to file until November 2, 2007. |
| Nov 2 2007 |
Petition for a writ of certiorari filed. (Response due December 3, 2007) |
| Nov 2 2007 |
Appendix of Entergy Corporation filed. |
| Nov 20 2007 |
Order extending time to file response to petition to and including February 1, 2008, for all respondents. |
| Nov 29 2007 |
Waiver of right of respondent Utility Water Act Group to respond filed. |
| Nov 30 2007 |
Waiver of right of respondents PSEG Fossil LLC and PSEG Nuclear LLC to respond filed. |
| Dec 3 2007 |
Brief amicus curiae of Nuclear Energy Institute filed. VIDED. |
| Dec 3 2007 |
Brief amici curiae of Nebraska, et al. filed. VIDED. |
| Jan 15 2008 |
Order further extending time to file response to petition to and including February 29, 2008, for all respondents. |
| Feb 25 2008 |
Order further extending time to file response to petition to and including March 3, 2008, for all respondents. |
| Feb 29 2008 |
Brief of respondents Riverkeepers, Inc., et al. in opposition filed. VIDED. |
| Mar 3 2008 |
Brief of Federal Respondents in opposition filed. VIDED. |
| Mar 3 2008 |
Brief of respondents Rhode Island, et al. in opposition filed. VIDED. |
| Mar 18 2008 |
Reply of petitioner Entergy Corporation filed. |
| Mar 19 2008 |
DISTRIBUTED for Conference of April 11, 2008. |
| Apr 14 2008 |
Petition GRANTED and is consolidated with No. 07-589 and No. 07-597, limited to the following question: Whether Section 316(b) of the Clean Water Act, 33 U.S.C. 1326(b), authorizes the Environmental Protection Agency (EPA) to compare costs with benefits in determining the "best technology available for minimizing adverse environmental impact" at cooling water intake structures. A total of one hour is allotted for oral argument. |
| May 9 2008 |
The time within which to file the joint appendix and petitioners' briefs on the merits is extended to and including June 30, 2008. VIDED. |
| May 14 2008 |
The time within which to file respondents' briefs on the merits is extended to and including September 15, 2008. VIDED. |
| Jun 5 2008 |
The time within which to file the joint appendix and petitioners' briefs on the merits is further extended to and including July 14, 2008. VIDED |
| Jun 5 2008 |
The time within which to file respondents' briefs on the merits is further extended to and including September 29, 2008. VIDED |
| Jun 23 2008 |
Application (07A1032) for leave to file a consolidated petitioners brief on the merits in excess of the word limitation, submitted to Justice Ginsburg. |
| Jun 24 2008 |
Consent to the filing of amicus curiae briefs in support of either or neither party received from counsel for respondents Riverkeeper, Inc., et al. VIDED |
| Jun 24 2008 |
Application (07A1032) denied by Justice Ginsburg. |
| Jun 30 2008 |
Consent to the filing of amicus curiae briefs in support of either or neither party received from counsel for petitioners' in case Nos. 07-588, 07-589 & 07-597. VIDED |
| Jul 11 2008 |
Consent to the filing of amicus curiae briefs in support of either or neither party received from counsel for the State respondents. VIDED. |
| Jul 14 2008 |
Joint appendix filed (statement of costs received). VIDED. |
| Jul 14 2008 |
Brief of petitioner Entergy Corp. and petitioners PSEG Fossil LLC, et al. filed. VIDED. |
| Jul 14 2008 |
Brief of respondents Environmental Protection Agency, et al. in support of petitioners filed. VIDED. |
| Jul 14 2008 |
Brief of petitioner Utility Water Act Group filed. VIDED. |
| Jul 18 2008 |
Brief amicus curiae of National Association of Home Builders filed. VIDED. |
| Jul 18 2008 |
Brief amicus curiae of Pacific Legal Foundation filed. VIDED. |
| Jul 21 2008 |
Brief amicus curiae of Nuclear Energy Institute filed. VIDED. |
| Jul 21 2008 |
Brief amicus curiae of American Petroleum Institute filed. VIDED. |
| Jul 21 2008 |
Brief amici curiae of American Chemistry Council, et al. filed. VIDED. |
| Jul 21 2008 |
Brief amici curiae of Nebraska, et al. filed. VIDED. |
| Jul 21 2008 |
Brief amicus curiae of California Council for Environmental and Economic Balance filed. |
| Jul 21 2008 |
Brief amici curiae of AEI Center For Regulatory and Market Studies, et al. filed. VIDED. |
| Sep 8 2008 |
SET FOR ARGUMENT ON Tuesday, December 2, 2008. |
| Sep 12 2008 |
CIRCULATED. |
| Sep 23 2008 |
Motion for divided argument filed by the Solicitor General. VIDED. |
| Sep 29 2008 |
Brief of respondents State-Respondents filed. VIDED. (Distributed) |
| Sep 29 2008 |
Brief of respondents Riverkeeper, Inc., et al. filed. VIDED. (Distributed) |
| Sep 29 2008 |
Letter from counsel for respondents Riverkeeper, Inc., et al. proposing to lodge six documents from the records of the Senate Committee on Public Works related to congressional consideration of the Federal Water Pollution Control Act of 1972. |
| Oct 1 2008 |
Motion for divided argument filed by respondents Rhode Island, et al. VIDED. |
| Oct 1 2008 |
Letter of respondents Riverkeeper, Inc., et al. in support of State-Respondents motion for divided argument filed. |
| Oct 6 2008 |
Brief amici curiae of Environment America, et al. filed. VIDED. (Distributed) |
| Oct 6 2008 |
Letter requesting caption change received. |
| Oct 6 2008 |
Brief amicus curiae of OMB Watch filed. |
| Oct 6 2008 |
Brief amici curiae of Commercial Fisherman of America, et al. filed. VIDED. (Distributed) |
| Oct 6 2008 |
Brief amici curiae of Economists Frank Ackerman, et al. filed. VIDED. (Distributed) |
| Oct 6 2008 |
Brief amici curiae of Clean Air Task Force, et al. filed. VIDED. (Distributed) |
| Oct 6 2008 |
Brief amici curiae of National Wildlife Federation, and Sierra Club filed. VIDED. (Distributed) |
| Oct 6 2008 |
Brief amici curiae of Voices of the Wetlands, et al. filed. VIDED. (Distributed) |
| Oct 6 2008 |
Brief amici curiae of Illinois, et al. filed. VIDED. (Distributed) |
| Oct 6 2008 |
Brief amici curiae of Environmental Law Professors filed. VIDED. (Distributed) |
| Oct 14 2008 |
Motion for divided argument filed by respondents Rhode Island, et al. DENIED. VIDED. |
| Oct 14 2008 |
Motion for divided argument filed by the Solicitor General GRANTED. VIDED. |
| Oct 28 2008 |
Reply of respondent Utility Water Act Group filed. VIDED. (Distributed) |
| Oct 29 2008 |
Reply brief of respondents The Federal Parties in support of petitioners filed. VIDED. (Distributed) |
| Oct 29 2008 |
Reply of petitioners Entergy Corp., PSEG Fossil LLC, and PSEG Nuclear LLC filed, VIDED (Distributed). |
| Oct 29 2008 |
Record received from the U.S.C.A. for the Second Circuit. (3 boxes) |
| Nov 18 2008 |
The Clerk has approved respondents' proposed lodging. Lodging consisting of six documents from the National Archives, received from counsel for respondents Riverkeeper, et al. VIDED. (Circulated). |
| Dec 2 2008 |
Argued. For Environmental Protection Agency, et al. in support of petitioners: Daryl Joseffer, Deputy Solicitor General, Department of Justice, Washington, D.C. For petitioners: Maureen E. Mahoney, Washington, D.C. For respondents: Richard J. Lazarus, Cambridge, Mass. |
| Apr 1 2009 |
Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Alito, JJ., joined. Breyer, J., filed an opinion concurring in part and dissenting in part. Stevens, J., filed a dissenting opinion, in which Souter and Ginsburg, JJ., joined. |
| May 4 2009 |
JUDGMENT ISSUED. |
| May 19 2009 |
Record returned to U.S.C.A. for the 2nd Circuit. |