Supreme Court of the United States · Official docket →
StarLink Logistics, Inc. v. ACC, LLC, et al.
Paid petition · Court of Appeals of Tennessee, Middle Division, No. M2014-00362-COA-R3-CV · judgment January 31, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The federal Clean Water Act, 33 U.S.C. § 1251 et seq., establishes a nationwide system of preventing, remedying, and controlling the pollution of our waterways. Among other things, the Act flatly prohibits the discharge of specified pollutants from point sources into the navigable waters of the United States unless the discharge is authorized under the Act. The principal means of authorizing such a discharge is by issuing a permit pursuant to the National Pollutant Discharge Elimination System (NPDES). 33 U.S.C. § 1342. Such an “NPDES permit,” inter alia, sets limits on the amount of pollutants that may be discharged and imposes monitoring and reporting requirements. 33 U.S.C. § 1342(b). Nearly all States implement the NPDES program within their borders pursuant to a delegation of authority under the Clean Water Act. The question presented is: Whether a state law that authorizes a polluter to discharge covered pollutants from a point source into the navigable waters of the United States without obtaining an NPDES permit and in concentrations that exceed effluent limits established by the Clean Water Act is preempted by the Clean Water Act and the Supremacy Clause, U.S. Const. art. VI, cl. 2.
Counsel of record
For petitioner
Sarah Elaine Harrington
Covington & Burling LLP
For respondent
Elizabeth Parker McCarter
Tennessee Attorney General's Office
Proceedings
- May 04 2020Petition DENIED.
- Apr 27 2020DISTRIBUTED for Conference of 5/1/2020.
- Apr 27 2020Supplemental brief of petitioner StarLink Logistics Inc. filed. (Distributed)
- Feb 20 2019DISTRIBUTED for Conference of 3/15/2019.
- Feb 19 2019Reply of petitioner StarLink Logistics Inc. filed.
- Feb 06 2019Brief of respondent ACC, LLC in opposition filed.
- Feb 06 2019Brief of respondent Tennessee Solid Waste Disposal Control Board in opposition filed.
- Dec 07 2018Motion to extend the time to file a response is granted and the time is further extended to and including February 6, 2019, for all respondents.
- Dec 04 2018Motion to extend the time to file a response from January 7, 2019 to February 6, 2019, submitted to The Clerk.
- Nov 16 2018Motion to extend the time to file a response is granted and the time is extended to and including January 7, 2019, for all respondents.
- Nov 14 2018Motion to extend the time to file a response from December 6, 2018 to January 5, 2019, submitted to The Clerk.
- Nov 02 2018Petition for a writ of certiorari filed. (Response due December 6, 2018)
- Aug 28 2018Application (18A215) granted by Justice Kagan extending the time to file until November 2, 2018.
- Aug 24 2018Application (18A215) to extend the time to file a petition for a writ of certiorari from September 5, 2018 to November 2, 2018, submitted to Justice Kagan.