Breaking News

Bear Valley Mutual Water Co. v. Jewell

Petition for certiorari denied on January 11, 2016
Docket No. Op. Below Argument Opinion Vote Author Term
15-367 9th Cir. N/A N/A N/A N/A OT 2015

Issue: (1) Whether the provisions of the Endangered Species Act (ESA) “displace” the provisions of the National Environmental Policy Act (NEPA) or otherwise render NEPA analysis unnecessary, thus eliminating the requirement of environmental review when the Fish and Wildlife Service (FWS) adopts a designation of “critical habitat” that has the potential to significantly affect the human environment; and (2) whether Section 2(c)(2) of the ESA is a meaningless, non-operative statement of policy that fails to create any substantive or enforceable rights regarding cooperation by FWS with state and local governmental agencies to resolve water resource issues arising from administration of the ESA in concert with conservation of endangered species.

DateProceedings and Orders (key to color coding)
Sep 22 2015Petition for a writ of certiorari filed. (Response due October 26, 2015)
Oct 1 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Oct 21 2015Order extending time to file response to petition to and including November 25, 2015.
Oct 23 2015Motion for leave to file amicus brief filed by Pacific Legal Foundation.
Oct 26 2015Motion for leave to file amici brief filed by Association of California Water Agencies, et al.
Nov 24 2015Brief of Respondent-Intervenors California Trout, Inc., et al. in opposition filed.
Nov 25 2015Brief of Federal Respondents in opposition filed.
Dec 9 2015DISTRIBUTED for Conference of January 8, 2016.
Dec 9 2015Reply of petitioners Bear Valley Mutual Water Company, et al. filed. (Distributed)
Jan 11 2016Motion for leave to file amicus brief filed by Pacific Legal Foundation GRANTED.
Jan 11 2016Motion for leave to file amici brief filed by Association of California Water Agencies, et al. GRANTED.
Jan 11 2016Petition DENIED.