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Drakes Bay Oyster Company v. Jewell

Petition for certiorari denied on June 30, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-1244 9th Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether federal courts lack jurisdiction under the Administrative Procedure Act to review an agency action that is arbitrary and capricious or an abuse of discretion when the statute authorizing the action does not impose specific requirements governing the exercise of discretion; (2) whether federal agencies can evade review of their actions under the National Environmental Policy Act by designating their actions as “conservation efforts,” when the record shows that the action will cause significant adverse environmental effects; and (3) whether an agency commits prejudicial error when it makes materially false statements in an environmental impact statement, and then asserts that it would have made the same decision even if the false statements had been corrected.

DateProceedings and Orders
Apr 11 2014Petition for a writ of certiorari filed. (Response due May 16, 2014)
May 6 2014Order extending time to file response to petition to and including June 16, 2014.
May 15 2014Brief amici curiae of Pacific Legal Foundation, and California Cattlemen's Association filed.
May 16 2014Brief amici curiae of William T.Bagley, et al. filed.
May 16 2014Brief amicus curiae of The Monte Wolfe Foundation filed.
May 16 2014Brief amici curiae of Dr. Corey S. Goodman, and Dr. Paul R. Houser filed.
May 27 2014Brief of respondent Sally Jewell, Secretary of the Interior, et al. in opposition filed. TBP
Jun 9 2014Reply of petitioners Drakes Bay Oyster Company, et al. filed.
Jun 10 2014DISTRIBUTED for Conference of June 26, 2014.
Jun 30 2014Petition DENIED.
Term Snapshot