No. 07-588
Vide 07-589, 07-597
Title:
Entergy Corporation, Petitioner
v.
Environmental Protection Agency, et al.
Docketed:November 2, 2007
Lower Ct:United States Court of Appeals for the Second Circuit
  Case Nos.:(04-6692ag - 04-6699ag)
  Decision Date:January 25, 2007
  Rehearing Denied:July 5, 2007
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Sep 20 2007 Application (07A257) to extend the time to file a petition for a writ of certiorari from October 3, 2007 to November 2, 2007, submitted to Justice Ginsburg.
Sep 25 2007 Application (07A257) granted by Justice Ginsburg extending the time to file until November 2, 2007.
Nov 2 2007 Petition for a writ of certiorari filed. (Response due December 3, 2007)
Nov 2 2007 Appendix of Entergy Corporation filed.
Nov 20 2007 Order extending time to file response to petition to and including February 1, 2008, for all respondents.
Nov 29 2007 Waiver of right of respondent Utility Water Act Group to respond filed.
Nov 30 2007 Waiver of right of respondents PSEG Fossil LLC and PSEG Nuclear LLC to respond filed.
Dec 3 2007 Brief amicus curiae of Nuclear Energy Institute filed. VIDED.
Dec 3 2007 Brief amici curiae of Nebraska, et al. filed. VIDED.
Jan 15 2008 Order further extending time to file response to petition to and including February 29, 2008, for all respondents.
Feb 25 2008 Order further extending time to file response to petition to and including March 3, 2008, for all respondents.
Feb 29 2008 Brief of respondents Riverkeepers, Inc., et al. in opposition filed. VIDED.
Mar 3 2008 Brief of Federal Respondents in opposition filed. VIDED.
Mar 3 2008 Brief of respondents Rhode Island, et al. in opposition filed. VIDED.
Mar 18 2008 Reply of petitioner Entergy Corporation filed.
Mar 19 2008 DISTRIBUTED for Conference of April 11, 2008.
Apr 14 2008 Petition GRANTED and is consolidated with No. 07-589 and No. 07-597, limited to the following question: Whether Section 316(b) of the Clean Water Act, 33 U.S.C. 1326(b), authorizes the Environmental Protection Agency (EPA) to compare costs with benefits in determining the "best technology available for minimizing adverse environmental impact" at cooling water intake structures. A total of one hour is allotted for oral argument.
May 9 2008 The time within which to file the joint appendix and petitioners' briefs on the merits is extended to and including June 30, 2008. VIDED.
May 14 2008 The time within which to file respondents' briefs on the merits is extended to and including September 15, 2008. VIDED.
Jun 5 2008 The time within which to file the joint appendix and petitioners' briefs on the merits is further extended to and including July 14, 2008. VIDED
Jun 5 2008 The time within which to file respondents' briefs on the merits is further extended to and including September 29, 2008. VIDED
Jun 23 2008 Application (07A1032) for leave to file a consolidated petitioners brief on the merits in excess of the word limitation, submitted to Justice Ginsburg.
Jun 24 2008 Consent to the filing of amicus curiae briefs in support of either or neither party received from counsel for respondents Riverkeeper, Inc., et al. VIDED
Jun 24 2008 Application (07A1032) denied by Justice Ginsburg.
Jun 30 2008 Consent to the filing of amicus curiae briefs in support of either or neither party received from counsel for petitioners' in case Nos. 07-588, 07-589 & 07-597. VIDED
Jul 11 2008 Consent to the filing of amicus curiae briefs in support of either or neither party received from counsel for the State respondents. VIDED.
Jul 14 2008 Joint appendix filed. VIDED.
Jul 14 2008 Brief of petitioner Entergy Corp. and petitioners PSEG Fossil LLC, et al. filed. VIDED.
Jul 14 2008 Brief of respondents Environmental Protection Agency, et al. in support of petitioners filed. VIDED.
Jul 14 2008 Brief of petitioner Utility Water Act Group filed. VIDED.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Elise N. Zoli Goodwin Proctor LLP(617) 570-1000
    Counsel of Record53 State Street
Boston, MA  02109
Party name: Entergy Corporation
Attorneys for Respondents:
Kristy A.N. Bulleit Hunton & Williams LLP(202) 955-1547
    Counsel of Record1900 K Street, N.W.
Washington, DC  20006
Party name: Utility Water Act Group
 
Gregory G. Garre Acting Solicitor General(202) 514-2217
    Counsel of Record United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC  20530-0001
Party name: Environmental Protection Agency, et al.
 
Tricia K. Jedele Special Assistant Attorney General(401)-274-4400
    Counsel of Record RI Department of Attorney General
150 South Main Street
Providence, RI  02903
tjedele@riag.ri.gov
Party name: Rhode Island, et al.
 
Richard J. Lazarus Georgetown University Law Center(202) 662-9129
    Counsel of Record600 New Jersey Avenue, NW
Washington, DC  20001
lazarusr@georgetown.edu
Party name: Riverkeeper, Inc., et al.
 
Maureen E. Mahoney Latham & Watkins LLP(202) 637-2250
    Counsel of Record555 11th Street, N.W.
Suite 1000
Washington, DC  20004
Maureen.Mahoney@LW.com
Party name: PSEG Fossil LLC and PSEG Nuclear LLC
 
Reed W. Super Law Office of Reed W. Super(212) 791-1881
116 John Street, Suite 3100
New York, NY  10038
Party name: Riverkeeper, Inc., et al.
Other:
David D. Cookson Chief Deputy(402) 471-2682
Nebraska State Capitol
2115 State Capitol Building
Lincoln, NE  68509-8920
Party name: Nebraska, et al.
 
Seth P. Waxman Wilmer Cutler Pickering Hale and Dorr LLP(202) 663-6000
1875 Pennsylvania Avenue, N.W.
Washington, DC  20006
seth.waxman@wilmerhale.com
Party name: Nuclear Energy Institute