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U.S. Fish and Wildlife Service v. Sierra Club

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Docket No. Op. Below Argument Opinion Vote Author Term
19-547 9th Cir. Nov 2, 2020 Mar 4, 2021 7-2 Barrett OT 2020

Holding: The deliberative process privilege gives protection from disclosure under the Freedom of Information Act to in-house draft biological opinions that are both predecisional and deliberative, even if the drafts reflect the agencies’ last views about a proposal.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Barrett on March 4, 2021. Justice Breyer filed a dissenting opinion, in which Justice Sotomayor joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 16 2019Application (19A185) to extend the time to file a petition for a writ of certiorari from August 28, 2019 to September 27, 2019, submitted to Justice Kagan.
Aug 19 2019Application (19A185) granted by Justice Kagan extending the time to file until September 27, 2019.
Sep 17 2019Application (19A185) to extend further the time from September 27, 2019 to October 25, 2019, submitted to Justice Kagan.
Sep 17 2019Application (19A185) granted by Justice Kagan extending the time to file until October 25, 2019.
Oct 25 2019Petition for a writ of certiorari filed. (Response due November 27, 2019)
Nov 01 2019Motion to extend the time to file a response from November 27, 2019 to January 6, 2020, submitted to The Clerk.
Nov 06 2019Motion to extend the time to file a response is granted and the time is extended to and including January 6, 2020.
Jan 06 2020Brief of respondent Sierra Club, Inc. in opposition filed.
Jan 22 2020DISTRIBUTED for Conference of 2/21/2020.
Jan 22 2020Reply of petitioners United States Fish and Wildlife Service,, et al. filed. (Distributed)
Feb 24 2020DISTRIBUTED for Conference of 2/28/2020.
Mar 02 2020Petition GRANTED.
Mar 13 2020Motion for an extension of time to file the briefs on the merits filed.
Mar 16 2020Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including May 18, 2020. The time to file respondent's brief on the merits is extended to and including July 20, 2020.
Apr 09 2020Motion for a further extension of time to file the briefs on the merits filed.
Apr 21 2020Motion to further extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is further extended to and including May 21, 2020. The time to file respondent's brief on the merits is further extended to and including July 27, 2020.
May 21 2020Brief of petitioners United States Fish and Wildlife Service, et al. filed.
May 21 2020Joint appendix filed. (Statement of costs filed)
Jun 02 2020Blanket Consent filed by Respondent, Sierra Club, Inc.
Jul 27 2020Brief of respondent Sierra Club, Inc. filed.
Jul 31 2020Brief amici curiae of Center for Biological Diversity and Defenders of Wildlife filed.
Aug 03 2020Brief amicus curiae of Electronic Privacy Information Center filed.
Aug 03 2020Brief amici curiae of American Forest Resource Council, et al. filed.
Aug 03 2020Brief amici curiae of Reporters Committee for Freedom of the Press and 28 Media Organizations filed.
Aug 03 2020Brief amici curiae of ACLU, et al. filed.
Aug 03 2020Brief amici curiae of Andrew Rosenberg, et al. filed.
Aug 19 2020SET FOR ARGUMENT on Monday, November 2, 2020.
Aug 26 2020Reply of petitioners United States Fish and Wildlife Service, et al. filed.
Aug 31 2020Record requested from the U.S.C.A. 9th Circuit.
Sep 02 2020CIRCULATED
Sep 03 2020Record from the U.S.C.A. is electronic and located on Pacer.
Sep 28 2020Sealed record material from USCA-9 received (electronic).
Nov 02 2020Argued. For petitioners: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Sanjay Narayan, Oakland, Cal.
Mar 04 2021Judgment REVERSED and case REMANDED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Breyer, J., filed a dissenting opinion, in which Sotomayor, J., joined.
Apr 05 2021JUDGMENT ISSUED.