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United States Forest Service v. Cowpasture River Preservation Association

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Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
18-1584 4th Cir. Feb 24, 2020 Jun 15, 2020 7-2 Thomas OT 2019

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel on an amicus brief in support of respondent in this case.

Holding: Because the Department of the Interior’s decision to assign responsibility over the Appalachian Trail to the National Park Service did not transform the land over which the Trail passes into land within the National Park System, the Forest Service had the authority to issue the special use permit.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Thomas on June 15, 2020. Justice Ginsburg joined the majority opinion as to all but part III-B-2. Justice Sotomayor filed a dissenting opinion, in which Justice Kagan joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 15 2019Application (18A1182) to extend the time to file a petition for a writ of certiorari from May 26, 2019 to June 25, 2019, submitted to The Chief Justice.
May 16 2019Application (18A1182) granted by The Chief Justice extending the time to file until June 25, 2019.
Jun 25 2019Petition for a writ of certiorari filed. (Response due July 26, 2019)
Jul 01 2019Motion to extend the time to file a response from July 26, 2019 to August 28, 2019, submitted to The Clerk.
Jul 05 2019Motion to extend the time to file a response is granted and the time is extended to and including August 28, 2019 .
Jul 25 2019Brief amici curiae of United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of The United States and Canada, AFL-CIO, et al. filed. VIDED.
Jul 26 2019Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED.
Jul 26 2019Brief amicus curiae of Mountain Valley Pipeline, LLC filed. VIDED.
Jul 26 2019Brief amici curiae of American Forest Resource Council et al filed. VIDED.
Aug 28 2019Brief of respondents Cowpasture River Preservation Association, et al. in opposition filed. VIDED.
Sep 11 2019DISTRIBUTED for Conference of 10/1/2019.
Sep 11 2019Reply of petitoner Atlantic Coast Pipeline, LLC filed. VIDED. (Distributed)
Sep 12 2019Reply of petitioner United States Forest Service, et al. filed. (Distributed)
Oct 04 2019Petition GRANTED. The petition for a writ of certiorari in No. 18-1587 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.
Oct 04 2019Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 18-1584. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 18-1584. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Oct 11 2019Blanket Consent filed by respondents, Cowpasture River Preservation Association, et al. VIDED.
Oct 17 2019Blanket Consent filed by Petitioner, Atlantic Coast Pipeline, LLC. VIDED.
Nov 05 2019Brief amicus curiae of Richard James Pierce Jr., in support of neither party filed. VIDED.
Nov 12 2019Motion for an extension of time filed. VIDED.
Nov 15 2019Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' briefs on the merits is extended to and including December 2, 2019. The time to file respondents' brief on the merits is extended to and including January 15, 2020. VIDED
Nov 26 2019SET FOR ARGUMENT on Monday, February 24, 2020. VIDED.
Dec 02 2019Brief of Federal Petitioners filed. VIDED.
Dec 02 2019Joint appendix filed. (Statement of costs filed). VIDED.
Dec 02 2019Brief of petitioner Atlantic Coast Pipeline, LLC filed. (in 18-1587)
Dec 06 2019Amicus brief of American Forest Resource Council, et al. not accepted for filing. (December 09, 2019). (Corrected efiling submitted).
Dec 06 2019Brief amici curiae of American Forest Resource Council, et al. filed. (December 09, 2019). VIDED.
Dec 09 2019Amicus brief of National Association of Manufacturers, et al. not accepted for filing. (December 09, 2019). (Corrected efiling to be submitted).
Dec 09 2019Brief amici curiae of National Association of Manufacturers, et al. filed (December 09, 2019). VIDED
Dec 09 2019Brief amici curiae of United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of The United States and Canada, AFL-CIO, et al. filed. VIDED.
Dec 09 2019Brief amicus curiae of Appalachian Trail Conservancy in support of neither party filed. VIDED.
Dec 09 2019Brief amici curiae of State of West Virginia, et al. filed. VIDED.
Dec 09 2019Brief amicus curiae of Mountain Valley Pipeline, LLC filed. VIDED.
Dec 09 2019Brief amici curiae of Representative Jeff Duncan and Sixty-One Additional Members of the United States House of Representatives filed. VIDED.
Jan 09 2020Record requested from the U.S.C.A. 4th Circuit.
Jan 15 2020Brief of respondents Cowpasture River Preservation Association, et al. filed. VIDED.
Jan 17 2020Brief amicus curiae of Niskanen Center filed. VIDED. (Distributed)
Jan 21 2020CIRCULATED
Jan 21 2020Brief amici curiae of Pamela Underhill, Jonathan B. Jarvis, Coalition to Protect America's National Parks, and National Parks Conservation Association filed. VIDED. (Distributed)
Jan 21 2020The record of the USCA 4th Circuit is available on PACER. Additionally, record material from USCA 4th Circuit has been electronically received.
Jan 22 2020Brief amici curiae of Natural Resources Defense Council, the Wilderness Society, and Defenders of Wildlife filed. VIDED. (Distributed)
Jan 22 2020Brief amici curiae of Wintergreen Property Owners Association, et al. filed. VIDED. (Distributed)
Jan 22 2020Brief amici curiae of City of Staunton and Nelson County, Virginia filed. VIDED. (Distributed)
Jan 22 2020Brief amici curiae of State of Vermont, et al. filed. VIDED. (Distributed)
Jan 22 2020Brief amicus curiae of Commonwealth of Virginia filed. VIDED. (Distributed)
Jan 22 2020Brief amicus curiae of The Rutherford Institute filed. VIDED. (Distributed)
Jan 22 2020Brief amicus curiae of Citizens Equal Rights Foundation filed. VIDED. (Distributed)
Jan 22 2020Motion for divided argument filed by petitioners United States Forest Service, et al. VIDED.
Feb 14 2020Motion for divided argument filed by petitioner GRANTED. VIDED
Feb 14 2020Reply of petitioners United States Forest Service, et al. filed. VIDED. (Distributed)
Feb 14 2020Reply of petitioner Atlantic Coast Pipeline, LLC filed (in 18-1587). (Distributed)
Feb 24 2020Argued. For petitioners in 18-1584: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For petitioner in 18-1587: Paul D. Clement, Washington, D. C. For respondents: Michael K. Kellogg, Washington, D. C. VIDED.
Jun 15 2020Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito Gorsuch, and Kavanaugh, JJ., joined, and in which Ginsburg, J., joined except as to Part III–B–2. Sotomayor, J., filed a dissenting opinion, in which Kagan, J., joined. VIDED.
Jul 17 2020JUDGMENT ISSUED.