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Kent Recycling Servs., LLC v. U.S. Army Corps of Eng'rs

Citations: 136 S. Ct. 2427; 195 L. Ed. 2d 776; 84 U.S.L.W. 3664; 2016 U.S. LEXIS 3707Docket: No. 14–493.

Court: Supreme Court of the United States; June 6, 2016; Federal Supreme Court; Federal Appellate Court

Narrative Opinion Summary

The petition for rehearing has been granted. The previous order from March 23, 2015, which denied the petition for a writ of certiorari, is vacated. The petition for a writ of certiorari is now granted. Consequently, the judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration, specifically in light of the Supreme Court's ruling in Army Corps of Engineers v. Hawkes Co., 578 U.S. 136, 136 S.Ct. 1807 (2016).

Legal Issues Addressed

Granting of Petition for Rehearing

Application: The court has decided to reconsider the case by granting the petition for rehearing, which allows for further judicial review.

Reasoning: The petition for rehearing has been granted.

Granting of Writ of Certiorari

Application: The court has agreed to review the case by granting the writ of certiorari, which initiates a higher level of judicial examination.

Reasoning: The petition for a writ of certiorari is now granted.

Remand for Further Consideration

Application: The case is sent back to the lower court for reconsideration in light of a relevant Supreme Court decision.

Reasoning: Consequently, the judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration, specifically in light of the Supreme Court's ruling in Army Corps of Engineers v. Hawkes Co., 578 U.S. 136, 136 S.Ct. 1807 (2016).

Vacating of Previous Orders

Application: The previous order that denied the petition for a writ of certiorari has been nullified, allowing the case to proceed for further examination.

Reasoning: The previous order from March 23, 2015, which denied the petition for a writ of certiorari, is vacated.