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

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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. Op. Below Argument Opinion Vote Author Term
17-74 5th Cir. N/A N/A N/A N/A OT 18

Issues: (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)
Mar 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.
Mar 27 2017Application (16A916) granted by Justice Thomas extending the time to file until June 29, 2017.
Jun 06 2017Application (16A916) to extend further the time from June 29, 2017 to July 13, 2017, submitted to Justice Thomas.
Jun 09 2017Application (16A916) granted by Justice Thomas extending the time to file until July 13, 2017.
Jul 12 2017Petition for a writ of certiorari filed. (Response due August 14, 2017)
Jul 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.
Jul 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.
Jul 27 2017Waiver of right of respondent Weyerhaeuser Company to respond filed.
Aug 04 2017Blanket Consent filed by respondent-intervenors, Center for Biological Diversity and Gulf Restoration Network on 08/10/2017 VIDED
Aug 09 2017Order extending time to file response to petition to and including September 13, 2017, for all respondents.
Aug 09 2017Brief amicus curiae of St. Tammany Parish filed. VIDED.
Aug 11 2017Brief amicus curiae of Mountain States Legal Foundation filed. VIDED.
Aug 11 2017Brief amici curiae of Coalition for a Sustainable Delta, et al. filed.
Aug 14 2017Brief amici curiae of Washington Legal Foundation, et al. filed. VIDED.
Aug 14 2017Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
Aug 14 2017Brief amici curiae of California Cattlemens Association, et al. filed.
Aug 14 2017Brief amici curiae of THe National Association of Home Builders, et al. filed. VIDED.
Aug 14 2017Brief amicus curiae of San Jaun County, Utah filed. VIDED.
Aug 14 2017Brief amicus curiae of Southeastern Legal Foundation filed. VIDED.
Aug 14 2017Brief amicus curiae of The Cato Institute filed. VIDED.
Aug 14 2017Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.
Aug 14 2017Brief amici curiae of Alabama and 17 Additional States filed. VIDED.
Sep 07 2017Order further extending time to file response to petition to and including October 13, 2017.
Oct 06 2017Order further extending time to file response to petition to and including November 13, 2017, for all respondents.
Nov 13 2017Brief of respondents intervenor-respondents Center for Biological Diversity and Gulf Restoration Network in opposition filed. VIDED.
Nov 13 2017Brief of respondents Fish and Wildlife Service, et al. in opposition filed. VIDED.
Nov 21 2017Reply of petitioners Markle Interests, et al. filed.
Nov 29 2017DISTRIBUTED for Conference of 1/5/2018.
Jan 08 2018DISTRIBUTED for Conference of 1/12/2018.
Jan 16 2018DISTRIBUTED for Conference of 1/19/2018.
Oct 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)
Nov 27 2018DISTRIBUTED for Conference of 11/30/2018.
Dec 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).
Jan 04 2019JUDGMENT ISSUED.