On The Docket Today

Two cases on the docket today.  The first is –

In June 2015, respondent agencies promulgated a final rule defining the term “the waters of the United States” and hence the scope of Clean Water Act jurisdiction. The National Association of Manufacturers challenged that rule in district court under the Administrative Procedure Act. State, municipal, industry, and environmental challenges likewise filed APA suits, but in addition filed protective petitions for review in the courts of appeals, citing uncertainty about whether the rule challenge falls under the CWA’s judicial review provision, 33 U.S.C. § 1369(b)(l).

No. 16-299
Title: National Association of Manufacturers, Petitioner
Department of Defense, et al.
Docketed: September 7, 2016
Linked with 16A11, 17A146
Lower Ct: United States Court of Appeals for the Sixth Circuit
   Case Numbers: (15-3751)
   Decision Date: February 22, 2016
   Rehearing Denied: April 21, 2016
Questions Presented

This case presents the question this Court granted certiorari to resolve but ultimately left undecided, in Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013): Whether the Alien Tort Statute, 28 U.S.C. § 1350, categorically forecloses corporate liability – Can corporations be liable for terrorist activity using their services?

No. 16-499
Title: Joseph Jesner, et al., Petitioners
Arab Bank, PLC
Docketed: October 13, 2016
Linked with 16A82
Lower Ct: United States Court of Appeals for the Second Circuit
   Case Numbers: (13-3605, 13-3620, 13-3635, 13-4650, 13-4652)
   Decision Date: December 8, 2015
   Rehearing Denied: May 9, 2016
Questions Presented