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Kent Recycling Services, LLC v. United States Army Corps of Engineers

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The petition for a writ of certiorari is granted, the judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Army Corps of Engineers v. Hawkes Co. on June 6, 2016
Docket No. Op. Below Argument Opinion Vote Author Term
14-493 5th Cir. N/A N/A N/A N/A OT 2015

Issue: (1) Whether a jurisdictional determination, that is conclusive as to federal jurisdiction under the Clean Water Act, and binding on all parties, is subject to judicial review under the Administrative Procedure Act; and (2) whether a due process claim against an agency action is subject to the finality requirement of the Administrative Procedure Act.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 28 2014Petition for a writ of certiorari filed. (Response due December 1, 2014)
Oct 30 2014Consent to the filing of amicus curiae briefs, In support of either party or of neither party, received from ocounsel for the petitioner.
Nov 28 2014Order extending time to file response to petition to and including December 31, 2014.
Dec 1 2014Brief amici curiae of American Farm Bureau Federation, et al. filed.
Dec 1 2014Brief amicus curiae of Senator David Vitter filed.
Dec 1 2014Brief amici curiae of Ernest M. Park, and Lauren Kent Park filed.
Dec 1 2014Brief amici curiae of Center for Constitutional Jurisprudence, et al. filed.
Dec 18 2014Order further extending time to file response to petition to and including January 30, 2015.
Jan 30 2015Brief of respondent United States Army Corps of Engineers in opposition filed.
Feb 10 2015Reply of petitioner Kent Recycling Services, LLC filed.
Feb 18 2015DISTRIBUTED for Conference of March 6, 2015.
Mar 4 2015Rescheduled.
Mar 9 2015DISTRIBUTED for Conference of March 20, 2015.
Mar 23 2015Petition DENIED.
Apr 16 2015Petition for Rehearing filed.
Apr 21 2015DISTRIBUTED for Conference of May 14, 2015.
May 18 2015The Respondent is requested to file a response to the petition for rehearing within 30 days.
Jun 17 2015Brief of respondent United States Army Corps of Engineers in opposition to the petition for rehearing filed.
Jun 19 2015Reply of petitioner Kent Recycling Services, LLC filed.
Jun 25 2015DISTRIBUTED.
Jul 2 2015Rescheduled.
Jul 8 2015Letter from the Solicitor General received.
Sep 14 2015Letter dated September 10, 2015, received from counsel for the petitioner.
Sep 21 2015DISTRIBUTED for Conference of September 28, 2015.
Oct 20 2015Letter dated October 16, 2015, received from counsel for the petitioner.
Nov 17 2015DISTRIBUTED for Conference of December 4, 2015.
Dec 7 2015DISTRIBUTED for Conference of December 11, 2015.
May 31 2016DISTRIBUTED for Conference of June 2, 2016.
Jun 6 2016The petition for rehearing is granted. The order entered March 23, 2015, denying the petition for a writ of certiorari is vacated. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Army Corps of Engineers v. Hawkes Co., 578 U. S. ___ (2016)
Jul 8 2016JUDGMENT ISSUED