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SWC, LLC v. Herr

Petition for certiorari denied on October 1, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
17-1398 6th Cir. N/A N/A N/A N/A OT 2018

Issues: (1) Whether the United States Forest Service’s powers under the property clause of the Constitution to limit gas-powered motorboat use on lakes in congressionally designated wilderness areas are dependent upon and subservient to whether a state has first acted to restrict motorboat activities on the same lakes; and (2) whether prior existing uses of property near the many national wilderness areas are immunized from and ossified against regulations to achieve the Wilderness Act of 1964’s goal to protect wildernesses and keep them “unimpaired for future use and enjoyment as wilderness,” 16 U.S.C. § 1131(a).

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 04 2018Petition for a writ of certiorari filed. (Response due May 7, 2018)
May 01 2018Motion to extend the time to file a response from May 7, 2018 to June 6, 2018, submitted to The Clerk.
May 02 2018Motion to extend the time to file a response is granted and the time is extended to and including June 6, 2018.
May 07 2018Brief of respondents David Herr, et al. in opposition filed.
May 25 2018Motion to extend the time to file a response is granted and the time is further extended to and including July 6, 2018.
May 25 2018Motion to extend the time to file a response from June 6, 2018 to July 6, 2018, submitted to The Clerk.
Jul 06 2018Brief of Federal Respondents in opposition filed.
Jul 20 2018Reply of SWC, LLC, d/b/a Sylvania Wilderness Cabins, et al. not accepted for filing. (July 24, 2018)(Corrected copy to be resubmitted)
Jul 20 2018Reply of petitioners SWC, LLC, d/b/a Sylvania Wilderness Cabins, et al. filed.
Jul 25 2018DISTRIBUTED for Conference of 9/24/2018.
Oct 01 2018Petition DENIED.