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Petitions to Watch | Conference of 4.11.08

By Akin Gump Supreme Court Practice Group

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The latest edition of “Petitions to Watch” features cases up for consideration at the Justices’ private conference of April 11. As always, the list reflects the petitions on the Court’s paid docket that Tom has deemed to have a reasonable chance of being granted. To access previous editions of Petitions to Watch, including the list for the upcoming conference of March 28, visit our archives here on SCOTUSwiki.

Issues raises in the current list of petitions include defendants’ rights to appeal competency determinations, courts’ jurisdiction to review denials of continuances in immigration proceedings, and immunity from civil liability for district attorney supervisors following wrongful convictions. For the full list of petitions on our watch list, continue reading after the jump.

Conference of April 11, 2008

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Docket: 07-588, 07-589, 07-597
Case name: Entergy Corp. v. EPA; PSEG Fossil, LLC v. Riverkeeper, Inc.; Utility Water Act Group v. Riverkeeper
Issue: Whether the Clean Water Act permits the EPA to undergo a cost-benefit analysis in determining the most environmentally friendly technology at cooling water intake structures, and to regulate such structures at existing as well as new facilities.

Opinion below (2nd Circuit)
Petition for certiorari (Entergy)
Petition for certiorari (PSEG)
Petition for certiorari (Utility Water Act Group)
Brief in opposition (Federal Government)
Brief in opposition (Riverkeeper)
Brief in opposition (Rhode Island)
Petitioner?s reply (Entergy)
Petitioner?s reply (PSEG)
Petitioner?s reply (Utility Water Act Group)
Amicus brief of Nuclear Energy Institute (in support of the petitioners)
Amicus brief of Cooling Water Intake Structure Coalition (in support of petitioners)
Amicus brief of Nebraska (in support of Utility Act Water Group)

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Docket: 07-595
Case name: Sher v. Department of Veterans Affairs
Issue: Whether government employees not granted immunity may be disciplined for invoking the 5th Amendment right against self-incrimination.

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Docket: 07-785
Case name: Wallace v. United States
Issue: Whether, under the Due Process Clause, a defendant who pleads guilty retains the right to appeal a pre-trial competency determination.

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Docket: 07-798
Case name: Ali v. Mukasey
Issue: Whether courts have jurisdiction to review decisions of immigration judges denying motions for a continuance.

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Docket: 07-854
Case name: Van de Kamp v. Goldstein
Issue: Whether district attorney supervisors are entitled to civil immunity from allegations they failed to ensure line prosecutors were aware, and thus able to disclose to the defendant, that a jailhouse informant was to receive benefits in exchange for his testimony.

Opinion below (9th Circuit)
Petition for certiorari
Brief in opposition
Amicus brief of Los Angeles County (in support of the petitioner)
Amicus brief of the National District Attorneys Association (in support of the petitioner)

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Docket: 07-929
Case name: Rossi v. Joseph Chris Personnel Services
Issue: Whether, and under what circumstances, a party loses its right to demand arbitration of claim in which it has participated in litigation.

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Docket: 07-1005
Case name: Gulati v. Mukasey
Issue: Whether courts have jurisdiction to review decisions of immigration judges denying motions for a continuance.