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American Road & Transportation Builders Association v. Environmental Protection Agency

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Petition for certiorari denied on January 13, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-145 D.C. Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether Section 307(b)(1) of the Clean Air Act allows petitioning for direct review within sixty days of the denial of a petition under 5 U.S.C. § 553(e) that presents after-arising issues; (2) whether Section 307(b)(1) prohibits indirect review of an agency rule – outside the original sixty-day window – if made as part of a timely challenge to new agency action that applies the prior rule.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 29 2013Petition for a writ of certiorari filed. (Response due September 3, 2013)
Aug 28 2013Order extending time to file response to petition to and including October 3, 2013.
Oct 1 2013Order further extending time to file response to petition to and including November 1, 2013.
Oct 30 2013Order further extending time to file response to petition to and including December 2, 2013.
Nov 1 2013Supplemental brief of petitioner American Road & Transportation Builders Association filed.
Nov 26 2013Brief of respondents Environmental Protection Agency, et al. in opposition filed.
Dec 6 2013Reply of petitioner American Road & Transportation Builders Association filed.
Dec 11 2013DISTRIBUTED for Conference of January 10, 2014.
Jan 13 2014Petition DENIED.