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County of Maui, Hawaii v. Hawaii Wildlife Fund

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Docket No. Op. Below Argument Opinion Vote Author Term
18-260 9th Cir. Nov 6, 2019 Apr 23, 2020 6-3 Breyer OT 2019

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel on an amicus brief in support of the respondents in this case.

Holding: The Clean Water Act, which forbids “any addition” of any pollutant from “any point source” to “navigable waters” without the appropriate Environmental Protection Agency permit, requires a permit when there is a direct discharge from a point source into navigable waters or when there is the functional equivalent of a direct discharge.

Judgment: Vacated and remanded, 6-3, in an opinion by Justice Breyer on April 23, 2020. Justice Kavanaugh filed a concurring opinion. Justice Thomas filed a dissenting opinion, in which Justice Gorsuch joined. Justice Alito filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 31 2018Application (17A1343) to extend the time to file a petition for a writ of certiorari from June 28, 2018 to August 27, 2018, submitted to Justice Kennedy.
Jun 04 2018Application (17A1343) granted by Justice Kennedy extending the time to file until August 27, 2018.
Aug 27 2018Petition for a writ of certiorari filed. (Response due October 1, 2018)
Sep 24 2018Motion to extend the time to file a response from October 1, 2018 to October 31, 2018, submitted to The Clerk.
Sep 27 2018Motion to extend the time to file a response is granted and the time is extended to and including October 31, 2018.
Oct 01 2018Brief amici curiae of Association of California Water Agencies, et al. filed.
Oct 01 2018Brief amici curiae of State of West Virginia, et al. filed.
Oct 01 2018Brief amicus curiae of Pacific Legal Foundation filed.
Oct 05 2018Supplemental brief of petitioner County of Maui, Hawaii filed.
Oct 23 2018Brief of respondents Hawai'i Wildlife Fund, et al. in opposition filed.
Nov 06 2018Reply of petitioner County of Maui, Hawaii filed.
Nov 07 2018DISTRIBUTED for Conference of 11/30/2018.
Nov 20 2018Supplemental brief of respondents Hawai'i Wildlife Fund, et al. filed. (Distributed)
Dec 03 2018The Solicitor General is invited to file a brief in this case expressing the views of the United States on or before 4 p.m., Friday, January 4, 2019.
Jan 03 2019Brief amicus curiae of United States filed. VIDED.
Jan 07 2019Supplemental brief of petitioner County of Maui, Hawaii filed.
Jan 08 2019Second supplemental brief of respondents Hawai'i Wildlife Fund, et al. filed.
Jan 14 2019DISTRIBUTED for Conference of 1/18/2019.
Jan 30 2019Letter of January 28, 2019, from counsel for petitioner received.
Feb 04 2019DISTRIBUTED for Conference of 2/15/2019.
Feb 19 2019Petition GRANTED limited to Question 1 presented by the petition.
Mar 05 2019Joint motion for an extension of time to file the briefs on the merits filed.
Mar 18 2019Joint motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 9, 2019. The time to file respondents' brief on the merits is extended to and including July 12, 2019.
Apr 04 2019Blanket Consent filed by Respondents, Hawai'i Wildlife Fund, et al.
May 09 2019Joint appendix filed. (Statement of cost received)
May 09 2019Brief of petitioner County of Maui, Hawaii filed.
May 15 2019Brief amicus curiae of Chamber of Commerce of the United States of America filed.
May 15 2019Brief amici curiae of Agricultural Business Organizations filed.
May 16 2019Brief amicus curiae of Energy Transfer Partners, L.P. filed.
May 16 2019Brief amici curiae of National Association of Clean Water Agencies, et al. filed.
May 16 2019Brief amici curiae of United States Senators filed.
May 16 2019Brief amicus curiae of United States filed.
May 16 2019Brief amici curiae of Wychmere Shores Condominium Trust, et al. filed.
May 16 2019Brief amici curiae of National Conference of State Legislatures, et al. filed.
May 16 2019Brief amici curiae of Edison Electric Institute, et al. filed.
May 16 2019Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed.
May 16 2019Brief amici curiae of National Federation of Independent Business Small Business Legal Center,et al. filed.
May 16 2019Brief amici curiae of Kinder Morgan Energy Partners, L.P. and Plantation Pipe Line Company, Inc. filed.
May 16 2019Brief amicus curiae of National Association of Home Builders of the United States filed.
May 16 2019Brief amicus curiae of Pacific Legal Foundation filed.
May 16 2019Brief amicus curiae of Federal Water Quality Coalition filed.
May 16 2019Brief amici curiae of State of West Virginia, 19 other States, and the Governors of Kentucky and Mississippi filed.
May 16 2019Brief amici curiae of Water Systems Council and The National Groundwater Association filed.
May 16 2019Brief amici curiae of Florida Water Environmental Association- Utility Council; Florida Rural Water Association; Florida Electric Power Coordinating Group- Environmental Committee filed.
Jun 25 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jun 26 2019Letter to the Court of Hawai'i Wildlife Fund, et al. not accepted for filing. (July 12, 2019 - Not the type of letter to be submitted through the electronic filing system)
Jul 08 2019SET FOR ARGUMENT on Wednesday, November 6, 2019.
Jul 12 2019Brief of respondents Hawai'i Wildlife Fund, et al. filed.
Jul 19 2019Brief amici curiae of Law Professors filed.
Jul 19 2019Brief amicus curiae of Constitutional Accountability Center filed.
Jul 19 2019Brief amici curiae of Upstate Forever and Savannah Riverkeeper filed.
Jul 19 2019Brief amici curiae of Former EPA Administrators filed.
Jul 19 2019Brief amicus curiae of Trout Unlimited filed.
Jul 19 2019Brief amici curiae of Former EPA Officials filed.
Jul 19 2019Brief amicus curiae of Craft Brewers filed.
Jul 19 2019Brief amici curiae of States of Maryland, et al. filed.
Jul 19 2019Brief amici curiae of Anderson County, South Carolina and Decatur County, Tennessee filed.
Jul 19 2019Brief amici curiae of Aquatic Scientists and Scientific Societies filed.
Jul 19 2019Brief amicus curiae of Fond du Lac Band of Lake Superior Chippewa filed.
Aug 12 2019Reply of petitioner County of Maui, Hawaii filed.
Aug 23 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Sep 03 2019CIRCULATED
Sep 16 2019Record requested from the U.S.C.A. 9th Circuit.
Sep 17 2019Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.
Sep 17 2019Record received from the U.S.D.C. of Hawaii is electronic and located on PACER, with the exception of electronically filed Sealed documents.
Oct 03 2019Letter of respondents Hawai'i Wildlife Fund, et al. filed.
Oct 04 2019Letter of petitioner County of Maui, Hawaii filed.
Oct 10 2019Letter of petitioner County of Maui, Hawaii filed.
Nov 06 2019Argued. For petitioner: Elbert Lin, Richmond, Va.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: David L. Henkin, Honolulu, Haw.
Apr 23 2020Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Kavanaugh, J., filed a concurring opinion. Thomas, J., filed a dissenting opinion, in which Gorsuch, J., joined. Alito, J., filed a dissenting opinion.
May 04 2020Motion to divide costs filed by respondents Hawaii Wildlife Fund, et al.
May 26 2020JUDGMENT ISSUED.