United States Forest Service v. Pacific Rivers Council

Docket No. Op. Below Argument Opinion Vote Author Term
12-623 9th Cir. Not Argued Jun 17, 2013 TBD TBD OT 2013

Issue: (1) Whether respondent Pacific Rivers Council (PRC) has Article III standing to challenge the Forest Service’s 2004 programmatic amendments to the forest plans governing management of 11 Sierra Nevada Forests when PRC failed to establish that any of its members was imminently threatened with cognizable harm because he or she would come into contact with any parcel of forest affected by the amendments; (2) whether PRC’s challenge to the Forest Service’s programmatic amendments is ripe when PRC failed to identify any site-specific project authorized under the amended plan provisions to which PRC objects; and (3) whether the National Environmental Policy Act required the Forest Service, when adopting the programmatic amendments, to analyze every type of environmental effect that any project ultimately authorized under the amendments throughout the 11 affected forests might have if it was reasonably possible to do so when the programmatic amendments were adopted, even though any future site-specific project would require its own appropriate environmental analysis before going forward.

Judgment: The judgment below is vacated, and the case is remanded to the United States Court of Appeals for the Ninth Circuit with directions that it instruct the United States District Court for the Eastern District of California to dismiss the case as moot in its entirety. on June 17, 2013.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 4 2012Application (12A219) to extend the time to file a petition for a writ of certiorari from September 18, 2012 to October 18, 2012, submitted to Justice Kennedy.
Sep 5 2012Application (12A219) granted by Justice Kennedy extending the time to file until October 18, 2012.
Oct 5 2012Application (12A219) to extend further the time to file a petition for a writ of certiorari from October 18, 2012 to November 16, 2012, submitted to Justice Kennedy.
Oct 9 2012Application (12A219) granted by Justice Kennedy extending the time to file until November 16, 2012.
Nov 16 2012Petition for a writ of certiorari filed. (Response due December 17, 2012)
Dec 3 2012Waiver of right of respondents California Forestry Association, et al. to respond filed.
Dec 6 2012Consent to the filing of amicus cuirae briefs, in support of either party or of neither party, received from counsel for the respondent.
Dec 11 2012Order extending time to file response to petition to and including February 15, 2013.
Dec 17 2012Brief amici curiae of American Forest Resource Council, et al. filed.
Dec 17 2012Motion for leave to file amici brief filed by Public Lands Council, and National Cattlemen's Beef Association.
Feb 15 2013Brief of respondent Pacific Rivers Council in opposition filed.
Feb 27 2013DISTRIBUTED for Conference of March 15, 2013.
Feb 28 2013Reply of petitioners United States Forest Service, et al. filed. (Distributed)
Mar 18 2013Motion for leave to file amici brief filed by Public Lands Council, and National Cattlemen's Beef Association GRANTED.
Mar 18 2013Petition GRANTED.
Apr 12 2013The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 12, 2013.
Apr 12 2013The time to file respondents' brief on the merits is extended to and including August 23, 2013.
Apr 26 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent Pacific Rivers Council.
May 9 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent California Forestry Association, and American Forest & Paper Association.
Jun 3 2013Motion to vacate judgment below and dismiss as moot filed by respondent Pacific Rivers Council.
Jun 6 2013The time to file the joint appendix and petitioners' brief on the merits is further extended to and including July 17, 2013.
Jun 6 2013The time to file respondents' briefs on the merits is further extended to and including September 25, 2013.
Jun 7 2013Response of petitioners to motion to vacate judgment below and dismiss as moot filed.
Jun 10 2013Motion DISTRIBUTED for Conference of June 13, 2013.
Jun 17 2013Motion to vacate the judgment below and dismiss as moot GRANTED. The judgment below is vacated, and the case is remanded to the United States Court of Appeals for the Ninth Circuit with directions that it instruct the United States District Court for the Eastern District of California to dismiss the case as moot in its entirety.
Jul 19 2013JUDGMENT ISSUED
 
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