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Markle Interests, LLC v. United States Fish and Wildlife Service

Petition granted, judgment vacated and case remanded for further consideration in light of Weyerhauser Co. v. United States Fish and Wildlife Service on December 3, 2018.

Docket No. Argument Opinion Vote Author Term
17-74 N/A N/A N/A N/A OT 2018

Issue: (1) Whether the Endangered Species Act authorizes the federal government to designate as critical habitat private land that is unsuitable as habitat and has no connection with a protected species; and (2) if the Act authorizes such a designation, whether it would be consistent with the United States Constitution.

DateProceedings and Orders (key to color coding)
03/21/2017Application (16A916) to extend the time to file a petition for a writ of certiorari from May 14, 2017 to June 29, 2017, submitted to Justice Thomas.
03/27/2017Application (16A916) granted by Justice Thomas extending the time to file until June 29, 2017.
06/06/2017Application (16A916) to extend further the time from June 29, 2017 to July 13, 2017, submitted to Justice Thomas.
06/09/2017Application (16A916) granted by Justice Thomas extending the time to file until July 13, 2017.
07/12/2017Petition for a writ of certiorari filed. (Response due August 14, 2017)
07/18/2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner Markle Interests, LLC.
07/18/2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Weyerhaeuser Company.
07/27/2017Waiver of right of respondent Weyerhaeuser Company to respond filed.
08/04/2017Blanket Consent filed by respondent-intervenors, Center for Biological Diversity and Gulf Restoration Network on 08/10/2017 VIDED
08/09/2017Order extending time to file response to petition to and including September 13, 2017, for all respondents.
08/09/2017Brief amicus curiae of St. Tammany Parish filed. VIDED.
08/11/2017Brief amicus curiae of Mountain States Legal Foundation filed. VIDED.
08/11/2017Brief amici curiae of Coalition for a Sustainable Delta, et al. filed.
08/14/2017Brief amici curiae of Washington Legal Foundation, et al. filed. VIDED.
08/14/2017Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
08/14/2017Brief amici curiae of California Cattlemens Association, et al. filed.
08/14/2017Brief amici curiae of THe National Association of Home Builders, et al. filed. VIDED.
08/14/2017Brief amicus curiae of San Jaun County, Utah filed. VIDED.
08/14/2017Brief amicus curiae of Southeastern Legal Foundation filed. VIDED.
08/14/2017Brief amicus curiae of The Cato Institute filed. VIDED.
08/14/2017Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.
08/14/2017Brief amici curiae of Alabama and 17 Additional States filed. VIDED.
09/07/2017Order further extending time to file response to petition to and including October 13, 2017.
10/06/2017Order further extending time to file response to petition to and including November 13, 2017, for all respondents.
11/13/2017Brief of respondents intervenor-respondents Center for Biological Diversity and Gulf Restoration Network in opposition filed. VIDED.
11/13/2017Brief of respondents Fish and Wildlife Service, et al. in opposition filed. VIDED.
11/21/2017Reply of petitioners Markle Interests, et al. filed.
11/29/2017DISTRIBUTED for Conference of 1/5/2018.
01/08/2018DISTRIBUTED for Conference of 1/12/2018.
01/16/2018DISTRIBUTED for Conference of 1/19/2018.
10/25/2018Notice of Change of Address of Markle Interests, et al. not accepted for filing. (Document not of the type that is to be filed electronically -- October 31, 2018)
11/27/2018DISTRIBUTED for Conference of 11/30/2018.
12/03/2018Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Weyerhaeuser Co. v. United States Fish and Wildlife Serv., et al., 586 U. S. ___ (2018).
01/04/2019JUDGMENT ISSUED.