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Smith Land Company, et al. v. Shawn A. Herhold, et al.

Paid petition · Court of Appeals of Ohio, Summit County, No. 28915 · judgment June 19, 2019

Certiorari denied · June 8, 2020

Pre-decision estimate: 1% cert probability

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

Questions presented

Whether a state, which lacked stand-alone jurisdiction under the Clean Water Act, 33 U.S.C. 1344(g), at the time 0.014 of an acre was overfilled, can enforce a United States Army Corps of Engineers permit issued in April 2000 to fill isolated intrastate wetlands originating from a nonpoint source, or, does such enforcement violate the Sixth Amendment’s Supremacy Clause and the Clean Water Act.
Whether the failure to give the property owner who filled the property, notice and an opportunity to be heard on the state’s claim of overfill, violates the Fourteenth Amendment’s Due Process Clause.

For petitioner
Warner DeWitt Mendenhall
The Law Offices of Warner Mendenhall, Inc.

For respondent
—

Conference history
Distributed for 1 conference

Jun 08 2020
Petition DENIED.
May 19 2020
DISTRIBUTED for Conference of 6/4/2020.
Jan 10 2020
Petition for a writ of certiorari filed. (Response due April 29, 2020)