Tarrant Regional Water District v. Herrmann
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-889 | 10th Cir. | Apr 23, 2013 | Jun 13, 2013 | 9-0 | Sotomayor | OT 2012 |
Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, represents the City of Dallas as amicus curiae in this case.
Holding: The Red River Compact, which allocates water rights within the Red River basin among the states of Oklahoma, Texas, Arkansas, and Louisiana, does not pre-empt the Oklahoma water statutes at issue in this case.
Judgment: Affirmed, 9-0, in an opinion by Justice Sotomayor on June 13, 2013.
SCOTUSblog Coverage
- Opinion analysis: Oklahoma skunks Texas in cross-border water rivalry (Thomas Merrill, June 14, 2013)
- Details: Tarrant Regional Water District v. Herrmann (Tom Goldstein, June 13, 2013)
- Argument analysis: Do Texans like salty water? (Thomas Merrill, April 25, 2013)
- Argument preview: A Texas border water war (Thomas Merrill, April 19, 2013)
- Three cases granted (Lyle Denniston, January 4, 2013)
- Petition of the day (Kali Borkoski, February 15, 2012)
| Date | Proceedings and Orders |
|---|---|
| 01/19/2012 | Petition for a writ of certiorari filed. (Response due February 21, 2012) |
| 02/20/2012 | Brief amicus curiae of Upper Trinity Regional Water District filed. |
| 02/21/2012 | Brief of respondent Rudolf John Herrmann, et al. in opposition filed. |
| 02/21/2012 | Brief amicus curiae of Texas filed. |
| 02/21/2012 | Brief amicus curiae of North Texas Municipal Water District filed. |
| 02/21/2012 | Motion for leave to file amici brief filed by City of Irving, Texas, City of Hugo, Oklahoma and Hugo Municipal Authority. |
| 02/21/2012 | Letter proposing a lodging of non record material received from counsel for amici City of Irving, Texas, et al. |
| 03/06/2012 | Reply of petitioner Tarrant Regional Water District filed. |
| 03/07/2012 | DISTRIBUTED for Conference of March 23, 2012. |
| 03/26/2012 | DISTRIBUTED for Conference of March 30, 2012. |
| 04/02/2012 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 11/30/2012 | Brief amicus curiae of United States filed. |
| 12/11/2012 | Supplemental brief of respondents Rudolf John Herrmann, et al. filed. |
| 12/12/2012 | DISTRIBUTED for Conference of January 4, 2013. |
| 12/12/2012 | Supplemental brief of petitioner Tarrant Regional Water District filed. (Distributed) |
| 12/20/2012 | Lodging received from counsel for amici City of Irving, Texas, et al. in electronic format. |
| 01/04/2013 | Motion for leave to file amici brief filed by City of Irving, Texas, City of Hugo, Oklahoma and Hugo Municipal Authority GRANTED. |
| 01/04/2013 | Petition GRANTED. |
| 02/11/2013 | SET FOR ARGUMENT ON Tuesday, April 23, 2013 |
| 02/12/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| 02/19/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 02/19/2013 | Joint appendix filed. (Two Volumes) (Statement of costs filed.) |
| 02/19/2013 | Brief of petitioner Tarrant Regional Water District filed. |
| 02/20/2013 | Proposal of counsel for petitioners to lodge copies of non-record material which were relied on in their opening brief. |
| 02/25/2013 | Brief amici curiae of City of Irving, Texas, City of Hugo, Oklahoma, and Hugo Municipal Authority filed. |
| 02/25/2013 | Brief amicus curiae of North Texas Municipal Water District filed. |
| 02/25/2013 | Brief amicus curiae of Upper Trinity Regional Water District filed. |
| 02/26/2013 | Brief amici curiae of Olen Paul Matthews and Michael Pease filed. |
| 02/26/2013 | Brief amicus curiae of City of Dallas filed. |
| 02/26/2013 | Brief amicus curiae of United States supporting Vacatur and Remand filed. |
| 02/26/2013 | Brief amici curiae of Fort Worth Chamber of Commerce, et al. filed. |
| 02/26/2013 | Brief amicus curiae of Texas filed. |
| 02/26/2013 | Brief amicus curiae of Texas Water Conservation Association filed. |
| 02/26/2013 | Brief amici curiae of Cities of Arlington and Fort Worth, Texas filed. (Distributed) |
| 02/26/2013 | Brief amicus curiae of North Texas Commission filed. (Distributed) |
| 02/28/2013 | Record Received from the U.S.C.A. for the 10th Circuit. (1-Box ) |
| 03/01/2013 | CIRCULATED. |
| 03/21/2013 | Brief of respondent Rudolf John Herrmann, et al. filed. (Distributed) |
| 03/27/2013 | Brief amicus curiae of Oklahomans for Responsible Water Policy filed. (Distributed) |
| 03/27/2013 | Brief amici curiae of Louisiana and Arkansas filed. (Distributed) |
| 03/27/2013 | Brief amici curiae of Republican River Water Conservation District, et al. filed. (Distributed) |
| 03/27/2013 | Brief amicus curiae of Oklahoma Independent Petroleum Association filed. (Distributed) |
| 03/28/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 03/28/2013 | Brief amici curiae of Professors of law and political science filed. (Distributed) |
| 03/28/2013 | Brief amicus curiae of City of Oklahoma City and Oklahoma City Water Utilities Trust filed. |
| 03/28/2013 | Brief amici curiae of States of Colorado, et al. filed. (Distributed) |
| 03/28/2013 | Brief amici curiae of Chickasaw and Choctaw Nations filed. (Distributed) |
| 03/28/2013 | Proposal of amici Oklahoma City Water Utilities Trust to lodge non-record material. |
| 04/09/2013 | Lodging consisting of three documents received from counsel for the petitioner. (Distributed). |
| 04/12/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 04/15/2013 | Reply of petitioner Tarrant Regional Water District filed. (Distributed) |
| 04/23/2013 | Argued. For petitioner: Charles A. Rothfeld, Washington, D. C.; and Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Lisa S. Blatt, Washington, D. C. |
| 06/13/2013 | Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion for a unanimous Court. |
| 07/15/2013 | JUDGMENT ISSUED. |
| 08/16/2013 | Record returned to U.S.C.A. for 10th Circuit. |
Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, represents the City of Dallas as”amicus curiae“in this case.
Holding: The Red River Compact, which allocates water rights within the Red River basin among the states of Oklahoma, Texas, Arkansas, and Louisiana, does not pre-empt the Oklahoma water statutes at issue in this case.
Judgment:”Affirmed, 9-0, in an opinion by Justice Sotomayor on June 13, 2013.