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
  Discretionary Court Decision Date:
Analyst:
Questions Presented

DateProceedings and Orders
Jun 30 2016Application (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 2016Application (16A11) granted by Justice Kagan extending the time to file until September 2, 2016.
Sep 02 2016Petition for a writ of certiorari filed. (Response due October 7, 2016)
Sep 29 2016Order extending time to file response to petition to and including November 7, 2016.
Oct 05 2016Brief of respondents Agrowstar LLC, et al. in support filed.
Oct 07 2016Brief of respondents American Farm Bureau Federation, et al. in support filed.
Oct 07 2016Brief of respondents Ohio, et al. filed.
Oct 28 2016Order further extending time to file response to petition to and including December 7, 2016.
Dec 07 2016Brief of Federal Respondents in opposition filed.
Dec 20 2016Reply of petitioner National Association of Manufacturers filed.
Dec 21 2016DISTRIBUTED for Conference of January 6, 2017.
Jan 09 2017DISTRIBUTED for Conference of January 13, 2017.
Jan 13 2017Petition GRANTED.
Jan 27 2017Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the petitioner filed.
Jan 31 2017Motion to dispense with printing the joint appendix filed by petitioner National Association of Manufacturers.
Feb 01 2017Consent 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 2017The time to file petitioner's brief on the merits is extended to and including March 29, 2017.
Feb 17 2017The time to file respondents' briefs on the merits is extended to and including May 31, 2017.
Feb 21 2017Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Mar 06 2017Motion to hold the briefing schedule in abeyance filed by federal respondents.
Mar 07 2017The time to file petitioner's brief on the merits is further extended to and including April 13, 2017.
Mar 15 2017Motion DISTRIBUTED for Conference of March 31, 2017.
Mar 15 2017Opposition of respondents American Farm Bureau Federation, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed)
Mar 15 2017Response of respondents Ohio, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed)
Mar 15 2017Opposition of respondents Natural Resources Defense Council, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed)
Mar 16 2017Opposition of respondents Waterkeeper Alliance, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed)
Mar 17 2017Opposition of respondents New York, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed)
Apr 03 2017Motion to hold the briefing schedule in abeyance DENIED.
Apr 06 2017The time to file petitioner's brief on the merits is further extended to and including April 27, 2017.
Apr 21 2017Consent 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 2017Consent 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 2017Brief of respondents Agrowstar LLC, et al. in support filed.
Apr 27 2017Brief of respondents Waterkeeper Alliance, Inc., et al. in support filed.
Apr 27 2017Brief of respondent Utility Water Act Group in support filed.
Apr 27 2017Brief of petitioner National Association of Manufacturers filed.
Apr 27 2017Brief of respondents Ohio, et al. in support filed.
Apr 27 2017Consent 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 2017Consent 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 2017Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
May 05 2017Consent 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 2017The time to file respondents' briefs on the merits is extended to and including July 28, 2017.
Jun 26 2017Motion for divided argument filed by respondents Ohio, et al.
Jul 19 2017SET FOR ARGUMENT on Wednesday, October 11, 2017.
Jul 28 2017Brief of respondents Department of Defense, et al. filed.
Jul 28 2017Brief of respondents Natural Resources Defense Council, et al. filed.
Aug 01 2017Record requested from the U.S.C.A. 6th Circuit.
Aug 03 2017Record received from the U.S.C.A. 6th Circuit is electronic.
Aug 03 2017Application (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 2017Application (17A146) granted by Justice Kagan extending the time to file reply briefs on the merits until September 11, 2017.
Aug 09 2017CIRCULATED
Aug 25 2017Motion for divided argument filed by respondents Ohio, et al. in support of petitioner GRANTED.
Sep 08 2017Reply of respondents State Respondents Ohio, et al. in support of petitioner filed. (Distributed)
Sep 11 2017Reply of respondent Utility Water Act Group in support of petitioner filed. (Distributed)
Sep 11 2017Reply of respondents Waterkeeper Alliance, Inc., et al. in support of petitioner filed. (Distributed)
Sep 11 2017Reply of petitioner National Association of Manufacturers filed. (Distributed)
Oct 11 2017Argued. 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 2017Letter of petitioner National Association of Manufacturers filed. (Distributed)
Main Document
Nov 22 2017Letter of respondents Department of Defense, et al. filed. (Distributed)
Main Document

NAMEADDRESSPHONE
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. ConsovoyConsovoy 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.