Enter your email address to subscribe to updates to this case (by doing so, you are accepting the terms in our privacy policy):

Weyerhaeuser Company v. United States Fish and Wildlife Service

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-71	5th Cir.	Oct 1, 2018	TBD	TBD	TBD	OT 2018

Issues: (1) Whether the Endangered Species Act prohibits designation of private land as unoccupied critical habitat that is neither habitat nor essential to species conservation; and (2) whether an agency decision not to exclude an area from critical habitat because of the economic impact of designation is subject to judicial review.

SCOTUSblog Coverage

Justices add frog case to merits docket (Amy Howe)

Date	Proceedings and Orders
Mar 21 2017	Application (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 2017	Application (16A916) granted by Justice Thomas extending the time to file until June 29, 2017.
Jun 06 2017	Application (16A916) to extend further the time from June 29, 2017 to July 13, 2017, submitted to Justice Thomas.
Jun 09 2017	Application (16A916) granted by Justice Thomas extending the time to file until July 13, 2017.
Jul 11 2017	Petition for a writ of certiorari filed. (Response due August 14, 2017)
Jul 18 2017	Consent to the filing of amicus curiae briefs, in support either party or of neither party, received from counsel for petitioner.
Jul 20 2017	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Markle Interests, LLC.
Jul 26 2017	Waiver of right of respondents Markle Interests, LLC; P & F Lumber Co., 2000, LLC; & PF Monroe Properties, LLC to respond filed.
Aug 04 2017	Blanket Consent filed by respondent- intervenors, Center for Biological Diversity and Gulf Restoration Network on 08/10/2017 VIDED
Aug 09 2017	Order extending time to file response to petition to and including September 13, 2017, for all respondents
Aug 09 2017	Brief amicus curiae of St. Tammany Parish filed. VIDED.
Aug 11 2017	Brief amicus curiae of Mountain States Legal Foundation filed. VIDED.
Aug 14 2017	Brief amici curiae of Washington Legal Foundation, et al. filed. VIDED.
Aug 14 2017	Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
Aug 14 2017	Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.
Aug 14 2017	Brief amicus curiae of Energy and Wildlife Action Coalition filed.
Aug 14 2017	Brief amici curiae of The American Farm Bureau Federation, et al. filed.
Aug 14 2017	Brief amicus curiae of San Jaun County, Utah filed. VIDED.
Aug 14 2017	Brief amicus curiae of Southeastern Legal Foundation filed. VIDED.
Aug 14 2017	Brief amici curiae of The National Association of Home Builders, et al. filed. VIDED.
Aug 14 2017	Brief amicus curiae of The Cato Institute filed. VIDED.
Aug 14 2017	Brief amici curiae of Alabama and 17 Additional States filed. VIDED.
Sep 07 2017	Order further extending time to file response to petition to and including October 13, 2017.
Oct 06 2017	Order further extending time to file response to petition to and including November 13, 2017, for all respondents.
Nov 13 2017	Brief of intervenor-respondents Center for Biological Diversity and Gulf Restoration Network in opposition filed. VIDED
Nov 13 2017	Brief of respondents Fish and Wildlife Service, et al. in opposition filed. VIDED.
Nov 29 2017	DISTRIBUTED for Conference of 1/5/2018.
Nov 29 2017	Reply of petitioner Weyerhaeuser Co. filed. (Distributed)
Jan 08 2018	DISTRIBUTED for Conference of 1/12/2018.
Jan 16 2018	DISTRIBUTED for Conference of 1/19/2018.
Jan 22 2018	Petition GRANTED.
Jan 29 2018	Motion for an extension of time filed.
Jan 29 2018	Blanket Consent filed by Respondent, United States Fish and Wildlife Service, et al.
Jan 30 2018	Blanket Consent filed by Petitioner, Weyerhaeuser Company.
Jan 30 2018	Blanket Consent filed by Respondent, Intervenor-respondents Center for Biological Diversity and Gulf Restoration Network
Feb 01 2018	Blanket Consent filed by Respondents, Markle Interests, LLC, et al..
Feb 02 2018	Motion to extend the time to file the joint appendix and petitioner's brief on the merits granted and the time is extended to and including April 23, 2018.
Apr 23 2018	Brief of respondents Markle Interests, LLC, et al. in support of petitioner filed.
Apr 23 2018	Brief of petitioner Weyerhaeuser Company filed.
Apr 23 2018	Joint appendix filed (statement of cost filed).
Apr 26 2018	Brief amici curiae of Coalition for a Sustainable Delta, et al. filed.
Apr 27 2018	Brief amicus curiae of Southeastern Legal Foundation filed.
Apr 27 2018	Brief amicus curiae of St. Tammany Parish Government filed.
Apr 27 2018	Brief amici curiae of Wyoming Stock Growers Association, et al. filed.
Apr 27 2018	Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Apr 30 2018	Brief amicus curiae of Cause of Action Institute filed.
Apr 30 2018	Brief amici curiae of National Federation of Independent Business, et al. filed.
Apr 30 2018	Brief amicus curiae of San Jaun County, Utah filed.
Apr 30 2018	Brief amici curiae of The American Farm Bureau Federation, et al. filed.
Apr 30 2018	Brief amicus curiae of The Cato Institute filed.
Apr 30 2018	Brief amicus curiae of Energy and Wildlife Action Coalition filed.
Apr 30 2018	Brief amici curiae of American Exploration & Production Council, et al. filed.
Apr 30 2018	Brief amici curiae of Brief of Alabama and 19 Additional States filed.
Apr 30 2018	Brief amici curiae of Building Industry Legal Defense Foundation, et al. filed.
Apr 30 2018	Brief amici curiae of The National Association of Home Builders, et al. filed.
Apr 30 2018	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Apr 30 2018	Brief amici curiae of National Conference of State Legislatures, et al. filed.
Apr 30 2018	Brief amici curiae of Washington Legal Foundation, et al. filed.
May 02 2018	Motion for an extension of time to file respondents' briefs on the merits filed.
May 04 2018	Motion to extend the time to file respondents' briefs on the merits granted and the time is extended to and including June 29, 2018.
Jun 29 2018	Brief of Intervenor-respondents Center for Biological Diversity and Gulf Restoration Network filed.
Jun 29 2018	Brief of respondents United States Fish and Wildlife Service, et al. filed.
Jul 03 2018	Brief amici curiae of Landowners filed.
Jul 03 2018	Brief amici curiae of The Evangelical Environmental Network, et al. filed.
Jul 03 2018	Brief amici curiae of Environmental Law Professors filed.
Jul 05 2018	Brief amici curiae of Scientists filed.
Jul 05 2018	Brief amici curiae of Economists and Law Professors filed.
Jul 06 2018	Brief amici curiae of Defenders of Wildlife, et al. filed.
Jul 06 2018	Brief amici curiae of Former Department of the Interior Officials filed.
Jul 06 2018	Motion of respondents Markle Interests, LLC, et al. in support of petitioner for divided argument filed.
Jul 06 2018	Brief amici curiae of Gopher Frog Experts filed.
Jul 06 2018	Brief amicus curiae of Institute for Policy Integrity at New York University School of Law filed.
Jul 06 2018	Brief amici curiae of Small Business Owners filed.
Jul 09 2018	SET FOR ARGUMENT on Monday, October 1, 2018.
Jul 09 2018	Opposition of petitioner Weyerhaeuser Company to motion for divided argument of respondents Markle Interests, LLC, et al. in support of petitioner filed.
Jul 10 2018	Motion of Weyerhaeuser Company for an extension of time not accepted for filing. (July 13, 2018 - Resubmitted as an application.)
Jul 11 2018	Application (18A52) of petitioner to extend the time to file a reply brief on the merits from July 30, 2018 to August 13, 2018, submitted to Justice Alito.
Jul 13 2018	Application (18A52) granted by Justice Alito extending the time to file petitioner's reply brief on the merits until August 13, 2018.
Jul 16 2018	Motion of Markle Interests, LLC, et al. for an extension of time not accepted for filing. (July 16, 2018 - Resubmitted as an application)
Jul 16 2018	Application (18A58) of respondents Markle Interests, LLC, et al. to extend the time to file a reply brief on the merits from July 30, 2018 to August 13, 2018, submitted to Justice Alito.
Jul 17 2018	Application (18A58) granted by Justice Alito extending the time for respondents Markle Interests, LLC, et al. to a file reply brief on the merits until August 13, 2018.
Aug 03 2018	CIRCULATED
Aug 07 2018	Record requested from the U.S.C.A. 5th Circuit.
Aug 08 2018	Letter from the Solicitor General dated August 8, 2018 filed. (Circulated)
Aug 13 2018	Reply of Markle Interests, LLC, et al. submitted.
Aug 13 2018	Reply of petitioner Weyerhaeuser Company filed. (Distributed)

Featured Posts

Judge Kavanaugh and justiciability – Aaron Nielson

With Kavanaugh hearing set, Senate releases records – Amy Howe

SCOTUS Map: Summer 2018 – Victoria Kwan
Email Digest Sign-Up
Receive a daily email digest from Feedburner by entering your email.
Merits Case Pages and Archives

Archives

or

This Week at the Court
The court is on its summer recess.
Major Cases
- Trump v. Hawaii
  The president has lawfully exercised the broad discretion granted to him under 8 U. S. C. §1182(f) to suspend the entry of aliens into the United States; respondents have not demonstrated a likelihood of success on the merits of their claim that Presidential Proclamation No. 9645 violates the establishment clause.
- South Dakota v. Wayfair, Inc.
  Quill Corp. v. North Dakota and National Bellas Hess Inc. v. Department of Revenue of Illinois -- which held that a state cannot require an out-of-state seller with no physical presence in the state to collect and remit sales taxes on goods the seller ships to consumers in the state -- are overruled.
- Janus v. American Federation of State, County, and Municipal Employees, Council 31
  The state of Illinois’ extraction of agency fees from nonconsenting public-sector employees violates the First Amendment; Abood v. Detroit Bd. of Ed., which concluded otherwise, is overruled.
- Gill v. Whitford
  Plaintiffs -- Wisconsin Democratic voters who rested their claim of unconstitutional partisan gerrymandering on statewide injury -- have failed to demonstrate Article III standing.
- Carpenter v. United States
  The government’s acquisition of Timothy Carpenter’s cell-site records from his wireless carriers was a Fourth Amendment search; the government did not obtain a warrant supported by probable cause before acquiring those records.
- Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission
  The Colorado Civil Rights Commission’s actions in assessing a cakeshop owner’s reasons for declining to make a cake for a same-sex couple’s wedding celebration violated the free exercise clause.
see all this term’s cases »
Recent Special Features
Statistical Snapshot

Cases argued 63

Cases decided 63

Summary reversals 11

Merits cases granted to date 63

see all »
Live Blog Archives
See all
Twitter Feed

Tweets by @SCOTUSblog

Calendar: August 2018
Full Calendar Submit Event

Aug. 2018

Su Mo Tu We Th Fr Sa

1

2

3

4

5

6
Orders

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24
Orders

25

26

27

28

29

30

31
- Orders/Opinions
- Arguments
- Conferences
- Events
- Holidays
- Multiple

Su	Mo	Tu	We	Th	Fr	Sa
			1	2	3	4
5	6 Orders	7	8	9	10	11
12	13	14	15	16	17	18
19	20	21	22	23	24 Orders	25
26	27	28	29	30	31

Download our App in the Apple Store
First Mondays see all
Videos see all

Nomination of Brett Kavanaugh to the Supreme Court

On Monday, July 9, President Donald Trump nominated Judge Brett Kavanaugh to replace retiring Justice Anthony Kennedy on the Supreme Court.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

Cases argued	63
Cases decided	63
Summary reversals	11
Merits cases granted to date	63

Editor's Note :

Weyerhaeuser Company v. United States Fish and Wildlife Service

SCOTUSblog Coverage

Featured Posts

Judge Kavanaugh and justiciability – Aaron Nielson

With Kavanaugh hearing set, Senate releases records – Amy Howe

SCOTUS Map: Summer 2018 – Victoria Kwan

Email Digest Sign-Up

Merits Case Pages and Archives

This Week at the Court

Major Cases

Recent Special Features

Statistical Snapshot

Live Blog Archives

Twitter Feed

Calendar: August 2018

Aug. 2018

Orders

Orders

Download our App in the Apple Store

First Mondays see all

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award