No. 22-743

Nevada Irrigation District, et al. v. California State Water Resources Control Board, et al.

Lower Court: Ninth Circuit
Docketed: 2023-02-08
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: certification-request clean-water-act federal-power-act ferc ninth-circuit regulatory-review state-jurisdiction state-waiver water-discharge water-quality-certification
Latest Conference: 2023-05-11
Question Presented (from Petition)

Whether California "fail[ed] or refuse[d] to act" on petitioners' requests within one year as Section 401 requires by establishing the withdraw-andrefile practice to give the State "more time to decide" project applicants' certification requests.

Question Presented (AI Summary)

Whether California 'fail[ed] or refuse[d] to act' on petitioners' requests within one year as Section 401 requires

Docket Entries

2023-05-15
Petition DENIED.
2023-04-25
DISTRIBUTED for Conference of 5/11/2023.
2023-04-24
Reply of petitioners Nevada Irrigation District, et al. filed. (Distributed)
2023-04-10
Brief of respondent California State Water Resources Control Board in opposition filed.
2023-04-10
Brief of respondent United States in opposition filed.
2023-04-10
Brief of respondents South Yuba River Citizens League, et al. in opposition filed.
2023-03-10
2023-03-02
The motions to extend the time to file responses are granted and the time is extended to and including April 10, 2023, for all respondents.
2023-03-01
Motion of the Solicitor General to extend the time to file a response from March 10, 2023 to April 10, 2023, submitted to The Clerk.
2023-03-01
Motion of the California State Water Resources Control Board to extend the time to file a response from March 10, 2023 to April 10, 2023, submitted to The Clerk.
2023-02-06
2022-12-21
Application (22A562) granted by Justice Kagan extending the time to file until February 6, 2023.
2022-12-19
Application (22A562) to extend the time to file a petition for a writ of certiorari from January 5, 2023 to February 6, 2023, submitted to Justice Kagan.

Attorneys

California State Water Resources Control Board
Joshua PatashnikCalifornia Department of Justice, Respondent
Hydropower
Misha TseytlinTroutman Pepper Hamilton Sanders LLP, Amicus
Nevada Irrigation District; Yuba County Water Agency; Merced Irrigation District
Carter G. PhillipsSidley Austin LLP, Petitioner
South Yuba River Citizens League et al.
Scott Lawrence NelsonPublic Citizen Litigation Group, Respondent
United States
Elizabeth B. PrelogarSolicitor General, Respondent