City and County of San Francisco v. Environmental Protection Agency
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 23-753 | 9th Cir. | Oct 16, 2024 | Mar 4, 2025 | 5-4 | Alito | OT 2024 |
Holding: The challenged end-result permitting provisions " which make the permittee responsible for the quality of the water in the body of water into which the permittee discharges pollutants " exceed the Environmental Protection Agency"s authority under the Clean Water Act.
Judgment: Reversed, 5-4, in an opinion by Justice Alito on March 4, 2025. Justice Alito delivered the opinion of the court, in which Chief Justice Roberts and Justices Thomas and Kavanaugh joined, in which Justice Gorsuch joined as to all but Part II, and in which Justices Sotomayor, Kagan, Barrett, and Jackson joined as to Part II. Justice Barrett filed an opinion dissenting in part, in which Justices Sotomayor, Kagan, and Jackson joined.
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| Date | Proceedings and Orders |
|---|---|
| 01/08/2024 | Petition for a writ of certiorari filed. (Response due February 12, 2024) |
| 02/07/2024 | Motion to extend the time to file a response from February 12, 2024 to March 13, 2024, submitted to The Clerk. |
| 02/08/2024 | Motion to extend the time to file a response is granted and the time is extended to and including March 13, 2024 |
| 02/12/2024 | Brief amici curiae of National Mining Association, et al. filed. |
| 02/12/2024 | Brief amici curiae of Public Wastewater and Stormwater Agencies and Municipalities filed. |
| 03/01/2024 | Motion to extend the time to file a response from March 13, 2024 to April 12, 2024, submitted to The Clerk. |
| 03/04/2024 | Motion to extend the time to file a response is granted and the time is further extended to and including April 12, 2024 |
| 04/12/2024 | Brief of respondent Environmental Protection Agency in opposition filed. |
| 04/30/2024 | DISTRIBUTED for Conference of 5/16/2024. |
| 04/30/2024 | Reply of petitioner City and County of San Francisco filed. (Distributed) |
| 05/08/2024 | Supplemental brief of petitioners City and County of San Francisco filed. (Distributed) |
| 05/20/2024 | DISTRIBUTED for Conference of 5/23/2024. |
| 05/28/2024 | Petition GRANTED. |
| 05/30/2024 | Motion for an extension of time to file the briefs on the merits filed. |
| 06/04/2024 | 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. |
| 07/19/2024 | Brief of petitioner City and County of San Francisco filed. |
| 07/19/2024 | Joint Appendix not accepted for filing(Duplicate version received). ( (July 23, 2024) |
| 07/19/2024 | Joint appendix filed. (Statement of costs filed) |
| 07/26/2024 | SET FOR ARGUMENT on Wednesday, October 16, 2024. |
| 07/26/2024 | Brief amici curiae of National Mining Association, et al. filed. |
| 07/26/2024 | Brief amici curiae of The National Association of Home Builders, et al. filed. |
| 07/26/2024 | Brief amici curiae of Public Wastewater and Stormwater Agencies and Municipalities filed. |
| 07/26/2024 | Brief amicus curiae of Hayden Area Regional Sewer Board filed. |
| 07/26/2024 | Brief amici curiae of Local Government Legal Center; et al. filed. |
| 07/29/2024 | Record requested from the United States Court of Appeals for the Ninth Circuit. |
| 07/29/2024 | Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and is available on PACER. |
| 08/08/2024 | CIRCULATED |
| 08/26/2024 | Brief of respondent Environmental Protection Agency filed. (Distributed) |
| 08/30/2024 | Brief amicus curiae of Orange County Coastkeeper filed. (Distributed) |
| 09/03/2024 | Brief amici curiae of Environmental and Community Organizations filed. (Distributed) |
| 09/03/2024 | Brief amicus curiae of California filed. (Distributed) |
| 09/03/2024 | Brief amici curiae of Washington, et al. filed. (Distributed) |
| 09/03/2024 | Brief amici curiae of Small Business Owners and Operators filed. (Distributed) |
| 09/25/2024 | Reply of petitioner City and County of San Francisco filed. (Distributed) |
| 10/16/2024 | 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 |
| 03/04/2025 | 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. |
| 04/07/2025 | Judgment Issued. |