Supreme Court of the United States · Official docket →
Turlock Irrigation District, et al. v. Federal Energy Regulatory Commission, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 21-1120 · judgment June 17, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether a State can avoid “waiv[ing]” its oneyear “period of time” in which “to act” on a “request for certification” under Section 401 of the Clean Water Act, 33 U.S.C. § 1341(a)(1)—thus rendering Section 401’s one-year rule meaningless—by declaring in pro forma letters every 364 days that the request is “denied” and must be resubmitted if the applicant ever wants to obtain a Section 401 certification, and then repeating this every 364 days for as many years as a State wishes to delay.
Counsel of record
For petitioner
Misha Tseytlin
Troutman Pepper Hamilton Sanders LLP
For respondent
Lena Husani Hughes
Morrison & Foerster LLP
Proceedings
- Apr 17 2023Petition DENIED.
- Mar 22 2023DISTRIBUTED for Conference of 4/14/2023.
- Mar 20 2023Reply of petitioners Turlock Irrigation District, et al. filed. (Distributed)
- Mar 08 2023Brief of respondent Federal Energy Regulatory Commission in opposition filed.
- Mar 08 2023Brief of respondent California State Water Resources Control Board in opposition filed.
- Mar 08 2023Brief of respondents Tuolumne River Trust, et al. in opposition filed.
- Feb 06 2023Brief amici curiae of Hydropower filed.
- Feb 06 2023Amicus brief of The Interstate Natural Gas Association of America and the American Petroleum Institute not accepted for filing. (February 13, 2023 - to be reprinted and resubmitted.)
- Feb 06 2023Brief amici curiae of The Interstate Natural Gas Association of America and the American Petroleum Institute filed.
- Feb 01 2023The motions to extend the time to file responses are granted and the time is extended to and including March 8, 2023, for all respondents.
- Jan 31 2023Motion of the Solicitor General to extend the time to file a response from February 6, 2023 to March 8, 2023, submitted to The Clerk.
- Jan 30 2023Motion of California State Water Resources Control Board to extend the time to file a response from February 6, 2023 to March 8, 2023, submitted to The Clerk.
- Jan 04 2023Petition for a writ of certiorari filed. (Response due February 6, 2023)
- Nov 29 2022Application (22A467) granted by The Chief Justice extending the time to file until January 4, 2023.
- Nov 23 2022Application (22A467) to extend the time to file a petition for a writ of certiorari from December 5, 2022 to January 4, 2023, submitted to The Chief Justice.