Supreme Court of the United States · Official docket →
BG Gulf Coast LNG, L.L.C., et al. v. Sabine-Neches Navigation District of Jefferson County, Texas
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-40158 · judgment September 14, 2022
Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Fifth Circuit decision below, and a business petitioner.
Question presented
The Tonnage Clause states that “[n]o State shall, without the Consent of Congress, lay any Duty of Tonnage.” U.S. Const. art. I, § 10, cl. 3. The Water Resources Development Act of 1986 provides limited congressional consent for local authorities to impose “tonnage duties or fees” on vessels using the Nation’s ports and harbors to finance harbor navigation projects, but “only” if those fees are “levied * * * in conjunction with a harbor navigation project whose construction is complete (including a usable increment of the project).” 33 U.S.C. § 2236(a)(1). The question presented is whether the Act permits localities to charge fees for incomplete and unusable increments of a harbor navigation project. (i)
Counsel of record
For petitioner
Neal Kumar Katyal
Hogan Lovells US LLP
For respondent
Jeremy Charles Marwell
Vinson & Elkins LLP
Proceedings
- May 30 2023Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
- May 09 2023DISTRIBUTED for Conference of 5/25/2023.
- May 09 2023Reply of petitioners BG Gulf Coast LNG, L.L.C., et al. filed. (Distributed)
- Apr 25 2023Brief of respondent Sabine-Neches Navigation District of Jefferson County, Texas in opposition filed.
- Mar 27 2023Brief amicus curiae of American Petroleum Institute filed.
- Mar 13 2023Motion to extend the time to file a response is granted and the time is extended to and including April 26, 2023.
- Mar 10 2023Motion to extend the time to file a response from March 27, 2023 to April 26, 2023, submitted to The Clerk.
- Feb 22 2023Petition for a writ of certiorari filed. (Response due March 27, 2023)
- Jan 19 2023Application (22A635) granted by Justice Sotomayor extending the time to file until February 22, 2023.
- Jan 11 2023Application (22A635) to extend the time to file a petition for a writ of certiorari from January 23, 2023 to February 22, 2023, submitted to Justice Sotomayor. (Justice Alito is recused.)