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William F. Holdner v. Katy Coba, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-35605 · judgment April 24, 2019


Certiorari denied · October 7, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether a person engaged in an agricultural operation can be charged and convicted for failure to possess a stormwater permit under Oregon State Statute ORS 468B-025 for "Likely" to Pollute the public waters. Whether a stormwater permit is required where the operator has constructed an animal waste control system to protect the public waters from a 24 hour 25 year rainfall event under ,Federal Environmental Protection Agency (EPA) Regulations. Whether a permit for stormwater discharges can be enforced by any government agency on property that has a patent granted by congress as a condition of the establishment of an agricultural farm operation in 1862 that provided the owner with absolute title including the water, creeks and water use rights. Whether the application of Habeas Corpus is appropriate, after all state and federal court relief is exhausted, to protect petitioner's due process and federally protected rights.

Counsel of record

For petitioner
William F. Holdner

For respondent
Benjamin Noah Gutman
Oregon Department of Justice

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Jul 31 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jul 26 2019
    Waiver of right of respondents Katy Coba, et al. to respond filed.
  4. Jul 16 2019
    Petition for a writ of certiorari filed. (Response due August 22, 2019)