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
Question Presented (OCR Extract)
QUESTION PRESENTED 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.
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
Brief amici curiae of Hydropower filed.
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.