In previous years, the Court released ... (click to view)
Editor's Note :
In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.
Issue: (1) Whether the Ninth Circuit properly held – in conflict with this Court’s decisions – that the federal reserved water rights doctrine authorizes the unprecedented federal takeover of Alaska’s navigable waters sanctioned by the 1999 Rule; and (2) whether the Ninth Circuit properly proceeded on the premise – which also conflicts with this Court’s decisions – that the Alaska National Interest Lands Conservation Act could be interpreted to federalize navigable waters at all given Congress’s silence on the Act’s application to navigable waters.