| 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 | |
| Date | Proceedings and Orders |
| Jan 08 2024 | Petition for a writ of certiorari filed. (Response due February 12, 2024) |
| PetitionAppendixAppendixCertificate of Word CountProof 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 DocumentProof of ServiceCertificate of Word Count | |
| Feb 12 2024 | Brief amici curiae of Public Wastewater and Stormwater Agencies and Municipalities filed. |
| Main DocumentProof of ServiceCertificate 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 DocumentProof 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 DocumentProof of ServiceCertificate of Word Count | |
| May 08 2024 | Supplemental brief of petitioners City and County of San Francisco filed. (Distributed) |
| Main DocumentProof of ServiceCertificate 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 DocumentCertificate of Word CountProof 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 DocumentProof 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 DocumentCertificate of Word CountProof of Service | |
| Jul 26 2024 | Brief amici curiae of The National Association of Home Builders, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jul 26 2024 | Brief amici curiae of Public Wastewater and Stormwater Agencies and Municipalities filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 26 2024 | Brief amicus curiae of Hayden Area Regional Sewer Board filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 26 2024 | Brief amici curiae of Local Government Legal Center; et al. filed. |
| Main DocumentCertificate of Word CountProof 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 DocumentProof of Service | |
| Aug 30 2024 | Brief amicus curiae of Orange County Coastkeeper filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 03 2024 | Brief amici curiae of Environmental and Community Organizations filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 03 2024 | Brief amicus curiae of California filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 03 2024 | Brief amici curiae of Washington, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 03 2024 | Brief amici curiae of Small Business Owners and Operators filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Sep 25 2024 | Reply of petitioner City and County of San Francisco filed. (Distributed) |
| Main DocumentCertificate of Word CountProof 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. |
| Main Document |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| 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 | 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 | 202-789-6078 |
| Party name: City and County of San Francisco | ||
| Attorneys for Respondent | ||
| 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 | 202-514-2217 |
| Party name: Environmental Protection Agency | ||
| Other | ||
| Preston Neal Carter Counsel of Record | Givens Pursley LLP 601 W. Bannock Street Boise, ID 83702 prestoncarter@givenspursley.com | 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 | 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 | 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 | 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 | 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 | (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 | 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 | (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 | 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 | 608-999-1240 |
| Party name: National Mining Association, et al. | ||