Foster v. Vilsack

Petition for certiorari denied on January 9, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-186 8th Cir. N/A N/A N/A N/A OT 16

Issue: (1) Whether federal courts should defer, under Auer v. Robbins, to an agency construction of an interpretive field manual (“second level Auer deference”), as have the Sixth Circuit and the Eighth Circuit decision below, or not, as the Fifth Circuit has held; and (2) whether the use of a remote comparison site, preselected ten years prior and without notice to the petitioners or an opportunity to be heard, as the sole means of determining that their land supports wetland plants, violates their rights to due process of law under the Fifth Amendment.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 29 2016Application (16A29) to extend the time to file a petition for a writ of certiorari from July 10, 2016 to September 8, 2016, submitted to Justice Alito.
Jul 12 2016Application (16A29) granted by Justice Alito extending the time to file until August 9, 2016.
Aug 8 2016Petition for a writ of certiorari filed. (Response due September 12, 2016)
Aug 15 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Sep 8 2016Order extending time to file response to petition to and including October 12, 2016.
Sep 12 2016Brief amici curiae of Center for Constitutional Jurisprudence, et al. filed.
Sep 12 2016Brief amicus curiae of Cato Institute filed.
Sep 12 2016Brief amici curiae of American Farm Bureau Federation, et al. filed.
Sep 28 2016Order further extending time to file response to petition to and including November 14, 2016.
Nov 10 2016Order further extending time to file response to petition to and including December 7, 2016.
Dec 7 2016Brief of respondent Thomas J. Vilsack, Secretary of Agriculture in opposition filed.
Dec 19 2016Reply of petitioners Arlen Foster, et ux. filed.
Dec 21 2016DISTRIBUTED for Conference of January 6, 2017.
Jan 9 2017Petition DENIED.
 
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