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State Water Contractors v. Jewell

Petition for certiorari denied on January 12, 2015

Linked with:

Docket No. Op. Below Argument Opinion Vote Author Term
14-402 9th Cir. N/A N/A N/A N/A OT 2014

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioners in this case.

Issue: (1) Whether the Secretary of the Interior, when concluding that a federal agency action will jeopardize a species listed as threatened or endangered under the Endangered Species Act, must address in the administrative record the economic and technical feasibility of proposed “reasonable and prudent alternatives,” including the effects of the proposed alternatives on third parties; (2) whether the Secretary may disregard the “best scientific data” on the ground that considering the data would lead to a less “conservative” result, because scientific certainty is impossible, or because the Secretary has considered a range of data in reaching a conclusion; and (3) whether, once the Secretary’s consultation is triggered by some discretion in operating a water project, the Secretary may apply the no-jeopardy mandate of Section 7(a)(2) to actions involved in water project operations that are compelled by specific legal obligations.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 6 2014Petition for a writ of certiorari filed. (Response due November 6, 2014)
Oct 6 2014Appendix of State Water Contractors, et al. filed.
Oct 20 2014Waiver of right of respondents Stewart & Jasper Orchards, et al. to respond filed.
Oct 21 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Oct 28 2014Waiver of right of respondent California Department of Water Resources to respond filed.
Oct 30 2014Order extending time to file response to petition to and including December 8, 2014.
Nov 3 2014Brief amici curiae of The National Federation of Independent Business, et al. filed. VIDED.
Nov 4 2014Brief amici curiae of Farm Credit West, et al. filed.
Nov 5 2014Brief amici curiae of National Hydropower Association. et al. filed.
Nov 6 2014Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Nov 6 2014Brief amici curiae of Nebraska, et al. filed.
Nov 6 2014Brief amici curiae of Association of California Water Agencies, et al. filed.
Nov 25 2014Order further extending time to file response to petition to and including December 15, 2014.
Dec 15 2014Brief of respondents Federal Respondents in opposition filed.
Dec 15 2014Brief of respondents Natural Resources Defense Council, and The Bay Institute in opposition filed.
Dec 17 2014DISTRIBUTED for Conference of January 9, 2015.
Dec 22 2014Reply of petitioners State Water Contractors, et al. filed. (Distributed)
Dec 23 2014Letter from counsel for respondents Sally Jewell, Secretary of the Interior, et al. filed. VIDED. (Distributed)
Jan 12 2015Petition DENIED.
 
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