|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.
|Date||Proceedings and Orders |
|Oct 6 2014||Petition for a writ of certiorari filed. (Response due November 6, 2014)|
|Oct 6 2014||Appendix of State Water Contractors, et al. filed.|
|Oct 20 2014||Waiver of right of respondents Stewart & Jasper Orchards, et al. to respond filed.|
|Oct 21 2014||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.|
|Oct 28 2014||Waiver of right of respondent California Department of Water Resources to respond filed.|
|Oct 30 2014||Order extending time to file response to petition to and including December 8, 2014.|
|Nov 3 2014||Brief amici curiae of The National Federation of Independent Business, et al. filed. VIDED.|
|Nov 4 2014||Brief amici curiae of Farm Credit West, et al. filed.|
|Nov 5 2014||Brief amici curiae of National Hydropower Association. et al. filed.|
|Nov 6 2014||Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.|
|Nov 6 2014||Brief amici curiae of Nebraska, et al. filed.|
|Nov 6 2014||Brief amici curiae of Association of California Water Agencies, et al. filed.|
|Nov 25 2014||Order further extending time to file response to petition to and including December 15, 2014.|
|Dec 15 2014||Brief of respondents Federal Respondents in opposition filed.|
|Dec 15 2014||Brief of respondents Natural Resources Defense Council, and The Bay Institute in opposition filed.|
|Dec 17 2014||DISTRIBUTED for Conference of January 9, 2015.|
|Dec 22 2014||Reply of petitioners State Water Contractors, et al. filed. (Distributed)|
|Dec 23 2014||Letter from counsel for respondents Sally Jewell, Secretary of the Interior, et al. filed. VIDED. (Distributed)|
|Jan 12 2015||Petition DENIED.|
Today at SCOTUS: The justices return to the bench for oral arguments in a pair of public-corruption cases, both stemming from scandals in New York politics that arose during Andrew Cuomo's time as governor. In both cases, the defendants are claiming prosecutorial overreach.
Cecilia (Cissy) Suyat Marshall, the widow of Thurgood Marshall, died this morning at 94. Here is the court's announcement.
BREAKING: The Supreme Court REJECTS Trump's bid to prevent the House Ways & Means Committee from obtaining his tax returns. No noted dissents.
The brief order may end years of litigation over the committee's efforts to review the tax records of Trump and his businesses.
JUST IN: Whisky, dog toys... and trademark law.
SCOTUS has agreed to hear a dispute between Jack Daniel's and a company that makes squeaking "Bad Spaniels" dog toys. The case will have implications for the tension between parody & intellectual property. https://www.supremecourt.gov/orders/courtorders/112122zr_e1p3.pdf
In a quiet Monday morning order list, SCOTUS adds no new cases to its docket. The court will not hear Brooks v. Abbott, a challenge to an alleged racial gerrymander of a state senate district in Texas. Here's the full order list: https://www.supremecourt.gov/orders/courtorders/112122zor_7lhn.pdf
JUST IN: The Biden administration, as expected, asks the Supreme Court to revive Biden's student-loan relief plan. The U.S. Court of Appeals for the 8th Circuit blocked the government from implementing the plan; Biden wants SCOTUS to lift that ruling. https://www.scotusblog.com/wp-content/uploads/2022/11/22A444-2.pdf