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County of Maui, Hawaii v. Hawaii Wildlife Fund

Docket No. Argument Opinion Vote Author Term
18-260 Nov 6, 2019 Apr 23, 2020 6-3 Breyer OT 2019

Holding: The Clean Water Act, which forbids "any addition" of any pollutant from "any point source" to "navigable waters" without the appropriate Environmental Protection Agency permit, requires a permit when there is a direct discharge from a point source into navigable waters or when there is the functional equivalent of a direct discharge.

Judgment: Vacated and remanded, 6-3, in an opinion by Justice Breyer on April 23, 2020. Justice Kavanaugh filed a concurring opinion. Justice Thomas filed a dissenting opinion, in which Justice Gorsuch joined. Justice Alito filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
05/31/2018Application (17A1343) to extend the time to file a petition for a writ of certiorari from June 28, 2018 to August 27, 2018, submitted to Justice Kennedy.
06/04/2018Application (17A1343) granted by Justice Kennedy extending the time to file until August 27, 2018.
08/27/2018Petition for a writ of certiorari filed. (Response due October 1, 2018)
09/24/2018Motion to extend the time to file a response from October 1, 2018 to October 31, 2018, submitted to The Clerk.
09/27/2018Motion to extend the time to file a response is granted and the time is extended to and including October 31, 2018.
10/01/2018Brief amici curiae of Association of California Water Agencies, et al. filed.
10/01/2018Brief amici curiae of State of West Virginia, et al. filed.
10/01/2018Brief amicus curiae of Pacific Legal Foundation filed.
10/05/2018Supplemental brief of petitioner County of Maui, Hawaii filed.
10/23/2018Brief of respondents Hawai'i Wildlife Fund, et al. in opposition filed.
11/06/2018Reply of petitioner County of Maui, Hawaii filed.
11/07/2018DISTRIBUTED for Conference of 11/30/2018.
11/20/2018Supplemental brief of respondents Hawai'i Wildlife Fund, et al. filed. (Distributed)
12/03/2018The Solicitor General is invited to file a brief in this case expressing the views of the United States on or before 4 p.m., Friday, January 4, 2019.
01/03/2019Brief amicus curiae of United States filed. VIDED.
01/07/2019Supplemental brief of petitioner County of Maui, Hawaii filed.
01/08/2019Second supplemental brief of respondents Hawai'i Wildlife Fund, et al. filed.
01/14/2019DISTRIBUTED for Conference of 1/18/2019.
01/30/2019Letter of January 28, 2019, from counsel for petitioner received.
02/04/2019DISTRIBUTED for Conference of 2/15/2019.
02/19/2019Petition GRANTED limited to Question 1 presented by the petition.
03/05/2019Joint motion for an extension of time to file the briefs on the merits filed.
03/18/2019Joint motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 9, 2019. The time to file respondents' brief on the merits is extended to and including July 12, 2019.
04/04/2019Blanket Consent filed by Respondents, Hawai'i Wildlife Fund, et al.
05/09/2019Joint appendix filed. (Statement of cost received)
05/09/2019Brief of petitioner County of Maui, Hawaii filed.
05/15/2019Brief amicus curiae of Chamber of Commerce of the United States of America filed.
05/15/2019Brief amici curiae of Agricultural Business Organizations filed.
05/16/2019Brief amicus curiae of Energy Transfer Partners, L.P. filed.
05/16/2019Brief amici curiae of National Association of Clean Water Agencies, et al. filed.
05/16/2019Brief amici curiae of United States Senators filed.
05/16/2019Brief amicus curiae of United States filed.
05/16/2019Brief amici curiae of Wychmere Shores Condominium Trust, et al. filed.
05/16/2019Brief amici curiae of National Conference of State Legislatures, et al. filed.
05/16/2019Brief amici curiae of Edison Electric Institute, et al. filed.
05/16/2019Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed.
05/16/2019Brief amici curiae of National Federation of Independent Business Small Business Legal Center,et al. filed.
05/16/2019Brief amici curiae of Kinder Morgan Energy Partners, L.P. and Plantation Pipe Line Company, Inc. filed.
05/16/2019Brief amicus curiae of National Association of Home Builders of the United States filed.
05/16/2019Brief amicus curiae of Pacific Legal Foundation filed.
05/16/2019Brief amicus curiae of Federal Water Quality Coalition filed.
05/16/2019Brief amici curiae of State of West Virginia, 19 other States, and the Governors of Kentucky and Mississippi filed.
05/16/2019Brief amici curiae of Water Systems Council and The National Groundwater Association filed.
05/16/2019Brief amici curiae of Florida Water Environmental Association- Utility Council; Florida Rural Water Association; Florida Electric Power Coordinating Group- Environmental Committee filed.
06/25/2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
06/26/2019Letter to the Court of Hawai'i Wildlife Fund, et al. not accepted for filing. (July 12, 2019 - Not the type of letter to be submitted through the electronic filing system)
07/08/2019SET FOR ARGUMENT on Wednesday, November 6, 2019.
07/12/2019Brief of respondents Hawai'i Wildlife Fund, et al. filed.
07/19/2019Brief amici curiae of Law Professors filed.
07/19/2019Brief amicus curiae of Constitutional Accountability Center filed.
07/19/2019Brief amici curiae of Upstate Forever and Savannah Riverkeeper filed.
07/19/2019Brief amici curiae of Former EPA Administrators filed.
07/19/2019Brief amicus curiae of Trout Unlimited filed.
07/19/2019Brief amici curiae of Former EPA Officials filed.
07/19/2019Brief amicus curiae of Craft Brewers filed.
07/19/2019Brief amici curiae of States of Maryland, et al. filed.
07/19/2019Brief amici curiae of Anderson County, South Carolina and Decatur County, Tennessee filed.
07/19/2019Brief amici curiae of Aquatic Scientists and Scientific Societies filed.
07/19/2019Brief amicus curiae of Fond du Lac Band of Lake Superior Chippewa filed.
08/12/2019Reply of petitioner County of Maui, Hawaii filed.
08/23/2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
09/03/2019CIRCULATED
09/16/2019Record requested from the U.S.C.A. 9th Circuit.
09/17/2019Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.
09/17/2019Record received from the U.S.D.C. of Hawaii is electronic and located on PACER, with the exception of electronically filed Sealed documents.
10/03/2019Letter of respondents Hawai'i Wildlife Fund, et al. filed.
10/04/2019Letter of petitioner County of Maui, Hawaii filed.
10/10/2019Letter of petitioner County of Maui, Hawaii filed.
11/06/2019Argued. For petitioner: Elbert Lin, Richmond, Va.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: David L. Henkin, Honolulu, Haw.
04/23/2020Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Kavanaugh, J., filed a concurring opinion. Thomas, J., filed a dissenting opinion, in which Gorsuch, J., joined. Alito, J., filed a dissenting opinion.
05/04/2020Motion to divide costs filed by respondents Hawaii Wildlife Fund, et al.
05/26/2020JUDGMENT ISSUED.