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Docket for 16-299
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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
Questions Presented
 
Proceedings and Orders
Jun 30 2016 Application (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 2016 Application (16A11) granted by Justice Kagan extending the time to file until September 2, 2016.
Sep 02 2016 Petition for a writ of certiorari filed. (Response due October 7, 2016)
Sep 29 2016 Order extending time to file response to petition to and including November 7, 2016.
Oct 05 2016 Brief of respondents Agrowstar LLC, et al. in support filed.
Oct 07 2016 Brief of respondents American Farm Bureau Federation, et al. in support filed.
Oct 07 2016 Brief of respondents Ohio, et al. filed.
Oct 28 2016 Order further extending time to file response to petition to and including December 7, 2016.
Dec 07 2016 Brief of Federal Respondents in opposition filed.
Dec 20 2016 Reply of petitioner National Association of Manufacturers filed.
Dec 21 2016 DISTRIBUTED for Conference of January 6, 2017.
Jan 09 2017 DISTRIBUTED for Conference of January 13, 2017.
Jan 13 2017 Petition GRANTED.
Jan 27 2017 Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the petitioner filed.
Jan 31 2017 Motion to dispense with printing the joint appendix filed by petitioner National Association of Manufacturers.
Feb 01 2017 Consent 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 2017 The time to file petitioner's brief on the merits is extended to and including March 29, 2017.
Feb 17 2017 The time to file respondents' briefs on the merits is extended to and including May 31, 2017.
Feb 21 2017 Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Mar 06 2017 Motion to hold the briefing schedule in abeyance filed by federal respondents.
Mar 07 2017 The time to file petitioner's brief on the merits is further extended to and including April 13, 2017.
Mar 15 2017 Motion DISTRIBUTED for Conference of March 31, 2017.
Mar 15 2017 Opposition of respondents American Farm Bureau Federation, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed)
Mar 15 2017 Response of respondents Ohio, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed)
Mar 15 2017 Opposition of respondents Natural Resources Defense Council, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed)
Mar 16 2017 Opposition of respondents Waterkeeper Alliance, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed)
Mar 17 2017 Opposition of respondents New York, et al. to motion to hold the briefing schedule in abeyance filed. (Distributed)
Apr 03 2017 Motion to hold the briefing schedule in abeyance DENIED.
Apr 06 2017 The time to file petitioner's brief on the merits is further extended to and including April 27, 2017.
Apr 21 2017 Consent 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 2017 Consent 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 2017 Brief of respondents Agrowstar LLC, et al. in support filed.
Apr 27 2017 Brief of respondents Waterkeeper Alliance, Inc., et al. in support filed.
Apr 27 2017 Brief of respondent Utility Water Act Group in support filed.
Apr 27 2017 Brief of petitioner National Association of Manufacturers filed.
Apr 27 2017 Brief of respondents Ohio, et al. in support filed.
Apr 27 2017 Consent 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 2017 Consent 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 2017 Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
May 05 2017 Consent 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 2017 The time to file respondents' briefs on the merits is extended to and including July 28, 2017.
Jun 26 2017 Motion for divided argument filed by respondents Ohio, et al.
Jul 19 2017 SET FOR ARGUMENT on Wednesday, October 11, 2017.
Jul 28 2017 Brief of respondents Department of Defense, et al. filed.
Jul 28 2017 Brief of respondents Natural Resources Defense Council, et al. filed.
Aug 01 2017 Record requested from the U.S.C.A. 6th Circuit.
Aug 03 2017 Record received from the U.S.C.A. 6th Circuit is electronic.
Aug 03 2017 Application (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 2017 Application (17A146) granted by Justice Kagan extending the time to file reply briefs on the merits until September 11, 2017.
Aug 09 2017 CIRCULATED
Aug 25 2017 Motion for divided argument filed by respondents Ohio, et al. in support of petitioner GRANTED.
Sep 08 2017 Reply of respondents State Respondents Ohio, et al. in support of petitioner filed. (Distributed)
Sep 11 2017 Reply of respondent Utility Water Act Group in support of petitioner filed. (Distributed)
Sep 11 2017 Reply of respondents Waterkeeper Alliance, Inc., et al. in support of petitioner filed. (Distributed)
Sep 11 2017 Reply of petitioner National Association of Manufacturers filed. (Distributed)
Oct 11 2017 Argued. 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 2017 Letter of petitioner National Association of Manufacturers filed. (Distributed)
Main Document
Nov 22 2017 Letter of respondents Department of Defense, et al. filed. (Distributed)
Main Document
Jan 22 2018 Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
Feb 23 2018 JUDGMENT ISSUED.
Attorneys
Attorneys for Petitioners
Timothy S. Bishop
Counsel of Record
Mayer Brown LLP
71 South Wacker Drive
Chicago, IL 60606
tbishop@mayerbrown.com
Ph: 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
Ph: (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
Ph: 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
Ph: (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
Ph: (202) 362-0636
Party name: Natural Resources Defense Council, et al.


Noel John Francisco
Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
SUPREMECTBRIEFS!USDOJ.GOV
Ph: 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
Ph: (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
Ph: (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
Ph: (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
Ph: (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
Ph: (202) 406-3616
Party name: American Farm Bureau Federation, et al.


Other Attorneys
William S. Consovoy
Consovoy McCarthy Park PLLC
3033 Wilson Boulevard, Suite 700
Arlington , VA 22201
will@consovoymccarthy.com
Ph: (703) 243-9423
Party name: The Chamber of Commerce of the United States of America, et al.

 

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