No. 23-753
 
Title: City and County of San Francisco, California, Petitioner
v.
Environmental Protection Agency
Docketed: January 12, 2024
Lower Ct: United States Court of Appeals for the Ninth Circuit
   Case Numbers: (21-70282)
   Decision Date: July 31, 2023
   Rehearing Denied: October 10, 2023
Questions Presented
 
Proceedings and Orders
Jan 08 2024 Petition for a writ of certiorari filed. (Response due February 12, 2024)
Petition Appendix Appendix Certificate of Word Count Proof of Service
Feb 07 2024 Motion to extend the time to file a response from February 12, 2024 to March 13, 2024, submitted to The Clerk.
Main Document
Feb 08 2024 Motion to extend the time to file a response is granted and the time is extended to and including March 13, 2024
Feb 12 2024 Brief amici curiae of National Mining Association, et al. filed.
Main Document Proof of Service Certificate of Word Count
Feb 12 2024 Brief amici curiae of Public Wastewater and Stormwater Agencies and Municipalities filed.
Main Document Proof of Service Certificate of Word Count
Mar 01 2024 Motion to extend the time to file a response from March 13, 2024 to April 12, 2024, submitted to The Clerk.
Main Document
Mar 04 2024 Motion to extend the time to file a response is granted and the time is further extended to and including April 12, 2024
Apr 12 2024 Brief of respondent Environmental Protection Agency in opposition filed.
Main Document Proof of Service
Apr 30 2024 DISTRIBUTED for Conference of 5/16/2024.
Apr 30 2024 Reply of petitioner City and County of San Francisco filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
May 08 2024 Supplemental brief of petitioners City and County of San Francisco filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
May 20 2024 DISTRIBUTED for Conference of 5/23/2024.
May 28 2024 Petition GRANTED.
May 30 2024 Motion for an extension of time to file the briefs on the merits filed.
Main Document
Jun 04 2024 Motion to extend the time to file the briefs on the merits granted. the joint appendix and petitioner's brief on the merits is extended to and including July 19, 2024. The time to file respondent's brief on the merits is extended to and including August 26, 2024.
Jul 19 2024 Brief of petitioner City and County of San Francisco filed.
Main Document Certificate of Word Count Proof of Service
Jul 19 2024 Joint Appendix not accepted for filing(Duplicate version received). ( (July 23, 2024)
Jul 19 2024 Joint appendix filed. (Statement of costs filed)
Main Document Proof of Service
Jul 26 2024 SET FOR ARGUMENT on Wednesday, October 16, 2024.
Jul 26 2024 Brief amici curiae of National Mining Association, et al. filed.
Main Document Certificate of Word Count Proof of Service
Jul 26 2024 Brief amici curiae of The National Association of Home Builders, et al. filed.
Main Document Proof of Service Certificate of Word Count
Jul 26 2024 Brief amici curiae of Public Wastewater and Stormwater Agencies and Municipalities filed.
Main Document Certificate of Word Count Proof of Service
Jul 26 2024 Brief amicus curiae of Hayden Area Regional Sewer Board filed.
Main Document Certificate of Word Count Proof of Service
Jul 26 2024 Brief amici curiae of Local Government Legal Center; et al. filed.
Main Document Certificate of Word Count Proof of Service
Jul 29 2024 Record requested from the United States Court of Appeals for the Ninth Circuit.
Jul 29 2024 Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and is available on PACER.
Aug 08 2024 CIRCULATED
Aug 26 2024 Brief of respondent Environmental Protection Agency filed. (Distributed)
Main Document Proof of Service
Aug 30 2024 Brief amicus curiae of Orange County Coastkeeper filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Sep 03 2024 Brief amici curiae of Environmental and Community Organizations filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Sep 03 2024 Brief amicus curiae of California filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Sep 03 2024 Brief amici curiae of Washington, et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Sep 03 2024 Brief amici curiae of Small Business Owners and Operators filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
Sep 25 2024 Reply of petitioner City and County of San Francisco filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 16 2024 Argued. For petitioner: Tara M. Steeley, Deputy City Attorney, San Francisco, Cal. For respondent: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C
Mar 04 2025 Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas and Kavanaugh, JJ., joined, in which Gorsuch, J., joined as to all but Part II, and in which Sotomayor, Kagan, Barrett, and Jackson, JJ., joined as to Part II. Barrett, J., filed an opinion dissenting in part, in which Sotomayor, Kagan, and Jackson, JJ., joined.
Apr 07 2025 Judgment Issued.
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Attorneys
Attorneys for Petitioners
Tara Michelle Steeley
Counsel of Record
Office of the City Attorney
City Hall, Room 234, 1 Dr. Carlton B. Goodlett
San Francisco, CA 94102

Tara.steeley@sfcityatty.org
Ph: 4155544655
Party name: City and County of San Francisco


Andrew Christopher Silton
Beveridge & Diamond, P.C.
1900 N Street NW
Suite 100
Washington, DC 20036

asilton@bdlaw.com
Ph: 202-789-6078
Party name: City and County of San Francisco


Attorneys for Respondents
Sarah M. Harris
Counsel of Record
Acting Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: Environmental Protection Agency


Other Attorneys
Preston Neal Carter
Counsel of Record
Givens Pursley LLP
601 W. Bannock Street
Boise, ID 83702

prestoncarter@givenspursley.com
Ph: 208-388-1200
Party name: Hayden Area Regional Sewer Board


David Yolun Chung
Counsel of Record
Crowell & Moring, LLP
1001 Pennsylvania Avenue, NW
Washington, DC 20004-2595

dchung@crowell.com
Ph: 202-624-2587
Party name: Public Wastewater and Stormwater Agencies and Municipalities


Kirti Datla
Counsel of Record
Earthjustice
1001 G Street NW
Suite 1000
Washington, DC 20001

kdatla@earthjustice.org
Ph: 2027975241
Party name: Environmental and Community Organizations


Peter Benjamin Gonick
Counsel of Record
Attorney General of Washington
1125 Washington St SE
PO Box 40100
Olympia, WA 98504

peter.gonick@atg.wa.gov
Ph: 360-753-6200
Party name: Washington, Massachusetts, Connecticut, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, Oregon, Pennsylvania, Wisconsin, and District of Columbia


Christopher David Hu
Counsel of Record
California Department of Justice
455 Golden Gate Avenue
Suite 11000
San Francisco, CA 94102

christopher.hu@doj.ca.gov
Ph: 4155103917
Party name: State of California


Jonathan Gerard Andre Monette
Counsel of Record
Best Best & Krieger, LP
1800 K Street NW, Suite 725
Washington, DC 20006

andre.monette@bbklaw.com
Ph: (202) 785-0600
Party name: Local Government Legal Center; National Association of Counties; National League of Cities; International Municipal Lawyers Association; League of California Cities


Keith Paul Richard
Counsel of Record
Archipelago
1 Dana Street 4th Floor
Portland, ME 04101

krichard@archipelagona.com
Ph: 207-558-0102
Party name: Small Business Owners and Operators


John A. Sheehan
Counsel of Record
Earth & Water Law LLC
1455 Pennsylvania Ave., N.W., Ste. 400
Washington, DC 20004

john.sheehan@earthandwatergroup.com
Ph: (202) 280-6362
Party name: The National Association of Home Builders, et al.


Sarah Joyce Spinuzzi
Counsel of Record
Orange County Coastkeeper
3151 Airway Avenue, Suite F-110
Costa Mesa, CA 92626

sarah@coastkeeper.org
Ph: 714-850-1965
Party name: Orange County Coastkeeper


Misha Tseytlin
Counsel of Record
Troutman Pepper Hamilton Sanders LLP
227 West Monroe Street
Suite 3900
Chicago, IL 60606

MISHA.TSEYTLIN@TROUTMAN.COM
Ph: 608-999-1240
Party name: National Mining Association, et al.