Supreme Court of the United States · Official docket →
Port of Tacoma, et al. v. Puget Soundkeeper Alliance
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-35881, 21-35899, 22-35061 · judgment June 10, 2024
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Ninth Circuit decision below.
Question presented
Section 505 of the Clean Water Act (“CWA”) grants federal courts jurisdiction over citizen suits enforcing “a permit or condition of a permit” if it is “issued under” Section 402 of the CWA. 33 U.S.C. § 1365(a), (f). Section 402 of the CWA establishes the National Pollutant Discharge Elimination System (“NPDES”), a federal permitting regime that governs the discharge of pollutants from point sources into navigable waters. Id. § 1342. The State of Washington, like many States, issues general pollutant-discharge permits that regulate broad sectors of the economy. These permits frequently combine federal requirements for point sources subject to the CWA with additional requirements authorized by state law. Below, the Ninth Circuit held that Section 505 authorizes citizens to enforce in federal court any condition of Washington’s combined permit for industrialstormwater discharges, even those adopted under state-law authority that mandate “a greater scope of coverage” than the CWA. App.13a (citation omitted). As the Ninth Circuit acknowledged, that rule “directly conflicts with” Second Circuit precedent on the authority conferred by the CWA’s citizen-suit provision. App.13a, 19a (citation omitted). The question presented is: Whether Section 505 of the CWA authorizes citizens to invoke the federal courts to enforce conditions of state-issued pollutant-discharge permits adopted under state law that mandate a greater scope of coverage than required by the CWA.
Counsel of record
For petitioner
Gregory George Garre
Latham & Watkins LLP
For respondent
Claire Elizabeth Tonry
Smith & Lowney PLLC
Proceedings
- Jun 30 2025Petition DENIED.
- Jun 13 2025Supplemental Brief of Port of Tacoma, et al. not accepted for filing. (June 16, 2025 - corrected brief submitted June 16, 2025)
- Jun 13 2025Supplemental brief of petitioners Port of Tacoma, et al. filed. (Distributed)
- Jun 10 2025DISTRIBUTED for Conference of 6/26/2025.
- Jun 10 2025Supplemental brief of respondent Puget Soundkeeper Alliance filed. (Distributed)
- May 27 2025Brief amicus curiae of United States filed.
- Jan 13 2025The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Dec 17 2024Supplemental brief of petitioners Port of Tacoma, et al. filed. (Distributed)
- Dec 11 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 11 2024Reply of petitioners Port of Tacoma, et al. filed. (Distributed)
- Dec 11 2024Response to Notice of Supplemental Authority of Port of Tacoma, et al. not accepted for filing. (December 13, 2024)
- Dec 05 2024Letter received from respondent Puget Soundkeeper Alliance providing notice of a supplemental authority filed. (Distributed)
- Nov 27 2024Brief of respondent Puget Soundkeeper Alliance in opposition filed.
- Oct 28 2024Brief amici curiae of the National Association of Waterfront Employers, et al. filed.
- Oct 28 2024Brief amicus curiae of Washington Trucking Associations filed.
- Oct 28 2024Brief amici curiae of Washington Public Ports Association, et al. filed.
- Oct 28 2024Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
- Oct 28 2024Brief amici curiae of Iowa, et al. filed.
- Oct 28 2024Brief amicus curiae of Wallenius Wilhelmsen Ocean filed.
- Oct 18 2024Motion to extend the time to file a response is granted and the time is extended to and including November 27, 2024.
- Oct 17 2024Motion to extend the time to file a response from October 28, 2024 to November 27, 2024, submitted to The Clerk.
- Sep 25 2024Petition for a writ of certiorari filed. (Response due October 28, 2024)
- Sep 03 2024Application (24A224) granted by Justice Kagan extending the time to file until September 25, 2024.
- Aug 28 2024Application (24A224) to extend the time to file a petition for a writ of certiorari from September 8, 2024 to September 25, 2024, submitted to Justice Kagan.