Weyerhaeuser Company v. United States Fish and Wildlife Service

Weyerhaeuser Company v. United States Fish and Wildlife Service

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Orders

RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)

Opinions

Conference

Orders

MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

UNITED STATES V. HAYMOND (17-1672)

MONT V. UNITED STATES (17-8995)

THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-71	5th Cir.	Oct 1, 2018 Tr.Aud.	Nov 27, 2018	8-0	Roberts	OT 2018

Holding: An area is eligible for designation as “critical habitat” under the Endangered Species Act of 1973 only if it is habitat for the listed species; and the decision by the secretary of the U.S. Department of the Interior not to exclude an area from critical habitat under 16 U. S. C. §1533(b)(2) is subject to judicial review.

Judgment: Vacated and remanded, 8-0, in an opinion by Chief Justice Roberts on November 27, 2018. Justice Kavanaugh took no part in the consideration or decision of the case.

Opinion analysis: Frogs and humans live to fight another day (Lisa Heinzerling)
First Mondays, OT2018 #4: “This Is About Frogs” (First Mondays)
Argument analysis: Justices jostle over endangered frog’s critical habitat (Lisa Heinzerling)
A "view" from the courtroom: Opening with an empty spot on the bench (Mark Walsh)
Argument preview: Justices to consider critical-habitat designation for endangered frog (Lisa Heinzerling)
Justices add frog case to merits docket (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Mar 21 2017	Application (16A916) to extend the time to file a petition for a writ of certiorari from May 14, 2017 to June 29, 2017, submitted to Justice Thomas.
Mar 27 2017	Application (16A916) granted by Justice Thomas extending the time to file until June 29, 2017.
Jun 06 2017	Application (16A916) to extend further the time from June 29, 2017 to July 13, 2017, submitted to Justice Thomas.
Jun 09 2017	Application (16A916) granted by Justice Thomas extending the time to file until July 13, 2017.
Jul 11 2017	Petition for a writ of certiorari filed. (Response due August 14, 2017)
Jul 18 2017	Consent to the filing of amicus curiae briefs, in support either party or of neither party, received from counsel for petitioner.
Jul 20 2017	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Markle Interests, LLC.
Jul 26 2017	Waiver of right of respondents Markle Interests, LLC; P & F Lumber Co., 2000, LLC; & PF Monroe Properties, LLC to respond filed.
Aug 04 2017	Blanket Consent filed by respondent- intervenors, Center for Biological Diversity and Gulf Restoration Network on 08/10/2017 VIDED
Aug 09 2017	Order extending time to file response to petition to and including September 13, 2017, for all respondents
Aug 09 2017	Brief amicus curiae of St. Tammany Parish filed. VIDED.
Aug 11 2017	Brief amicus curiae of Mountain States Legal Foundation filed. VIDED.
Aug 14 2017	Brief amici curiae of Washington Legal Foundation, et al. filed. VIDED.
Aug 14 2017	Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
Aug 14 2017	Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.
Aug 14 2017	Brief amicus curiae of Energy and Wildlife Action Coalition filed.
Aug 14 2017	Brief amici curiae of The American Farm Bureau Federation, et al. filed.
Aug 14 2017	Brief amicus curiae of San Jaun County, Utah filed. VIDED.
Aug 14 2017	Brief amicus curiae of Southeastern Legal Foundation filed. VIDED.
Aug 14 2017	Brief amici curiae of The National Association of Home Builders, et al. filed. VIDED.
Aug 14 2017	Brief amicus curiae of The Cato Institute filed. VIDED.
Aug 14 2017	Brief amici curiae of Alabama and 17 Additional States filed. VIDED.
Sep 07 2017	Order further extending time to file response to petition to and including October 13, 2017.
Oct 06 2017	Order further extending time to file response to petition to and including November 13, 2017, for all respondents.
Nov 13 2017	Brief of intervenor-respondents Center for Biological Diversity and Gulf Restoration Network in opposition filed. VIDED
Nov 13 2017	Brief of respondents Fish and Wildlife Service, et al. in opposition filed. VIDED.
Nov 29 2017	DISTRIBUTED for Conference of 1/5/2018.
Nov 29 2017	Reply of petitioner Weyerhaeuser Co. filed. (Distributed)
Jan 08 2018	DISTRIBUTED for Conference of 1/12/2018.
Jan 16 2018	DISTRIBUTED for Conference of 1/19/2018.
Jan 22 2018	Petition GRANTED.
Jan 29 2018	Motion for an extension of time filed.
Jan 29 2018	Blanket Consent filed by Respondent, United States Fish and Wildlife Service, et al.
Jan 30 2018	Blanket Consent filed by Petitioner, Weyerhaeuser Company.
Jan 30 2018	Blanket Consent filed by Respondent, Intervenor-respondents Center for Biological Diversity and Gulf Restoration Network
Feb 01 2018	Blanket Consent filed by Respondents, Markle Interests, LLC, et al..
Feb 02 2018	Motion to extend the time to file the joint appendix and petitioner's brief on the merits granted and the time is extended to and including April 23, 2018.
Apr 23 2018	Brief of respondents Markle Interests, LLC, et al. in support of petitioner filed.
Apr 23 2018	Brief of petitioner Weyerhaeuser Company filed.
Apr 23 2018	Joint appendix filed (statement of cost filed).
Apr 26 2018	Brief amici curiae of Coalition for a Sustainable Delta, et al. filed.
Apr 27 2018	Brief amicus curiae of Southeastern Legal Foundation filed.
Apr 27 2018	Brief amicus curiae of St. Tammany Parish Government filed.
Apr 27 2018	Brief amici curiae of Wyoming Stock Growers Association, et al. filed.
Apr 27 2018	Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Apr 30 2018	Brief amicus curiae of Cause of Action Institute filed.
Apr 30 2018	Brief amici curiae of National Federation of Independent Business, et al. filed.
Apr 30 2018	Brief amicus curiae of San Jaun County, Utah filed.
Apr 30 2018	Brief amici curiae of The American Farm Bureau Federation, et al. filed.
Apr 30 2018	Brief amicus curiae of The Cato Institute filed.
Apr 30 2018	Brief amicus curiae of Energy and Wildlife Action Coalition filed.
Apr 30 2018	Brief amici curiae of American Exploration & Production Council, et al. filed.
Apr 30 2018	Brief amici curiae of Brief of Alabama and 19 Additional States filed.
Apr 30 2018	Brief amici curiae of Building Industry Legal Defense Foundation, et al. filed.
Apr 30 2018	Brief amici curiae of The National Association of Home Builders, et al. filed.
Apr 30 2018	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Apr 30 2018	Brief amici curiae of National Conference of State Legislatures, et al. filed.
Apr 30 2018	Brief amici curiae of Washington Legal Foundation, et al. filed.
May 02 2018	Motion for an extension of time to file respondents' briefs on the merits filed.
May 04 2018	Motion to extend the time to file respondents' briefs on the merits granted and the time is extended to and including June 29, 2018.
Jun 29 2018	Brief of Intervenor-respondents Center for Biological Diversity and Gulf Restoration Network filed.
Jun 29 2018	Brief of respondents United States Fish and Wildlife Service, et al. filed.
Jul 03 2018	Brief amici curiae of Landowners filed.
Jul 03 2018	Brief amici curiae of The Evangelical Environmental Network, et al. filed.
Jul 03 2018	Brief amici curiae of Environmental Law Professors filed.
Jul 05 2018	Brief amici curiae of Scientists filed.
Jul 05 2018	Brief amici curiae of Economists and Law Professors filed.
Jul 06 2018	Brief amici curiae of Defenders of Wildlife, et al. filed.
Jul 06 2018	Brief amici curiae of Former Department of the Interior Officials filed.
Jul 06 2018	Motion of respondents Markle Interests, LLC, et al. in support of petitioner for divided argument filed.
Jul 06 2018	Brief amici curiae of Gopher Frog Experts filed.
Jul 06 2018	Brief amicus curiae of Institute for Policy Integrity at New York University School of Law filed.
Jul 06 2018	Brief amici curiae of Small Business Owners filed.
Jul 09 2018	SET FOR ARGUMENT on Monday, October 1, 2018.
Jul 09 2018	Opposition of petitioner Weyerhaeuser Company to motion for divided argument of respondents Markle Interests, LLC, et al. in support of petitioner filed.
Jul 10 2018	Motion of Weyerhaeuser Company for an extension of time not accepted for filing. (July 13, 2018 - Resubmitted as an application.)
Jul 11 2018	Application (18A52) of petitioner to extend the time to file a reply brief on the merits from July 30, 2018 to August 13, 2018, submitted to Justice Alito.
Jul 13 2018	Application (18A52) granted by Justice Alito extending the time to file petitioner's reply brief on the merits until August 13, 2018.
Jul 16 2018	Motion of Markle Interests, LLC, et al. for an extension of time not accepted for filing. (July 16, 2018 - Resubmitted as an application)
Jul 16 2018	Application (18A58) of respondents Markle Interests, LLC, et al. to extend the time to file a reply brief on the merits from July 30, 2018 to August 13, 2018, submitted to Justice Alito.
Jul 17 2018	Application (18A58) granted by Justice Alito extending the time for respondents Markle Interests, LLC, et al. to a file reply brief on the merits until August 13, 2018.
Aug 03 2018	CIRCULATED
Aug 07 2018	Record requested from the U.S.C.A. 5th Circuit.
Aug 08 2018	Record for the U.S.C.A. 5th Circuit is electronic and located on PACER.
Aug 08 2018	Letter from the Solicitor General dated August 8, 2018 filed. (Circulated)
Aug 13 2018	Reply of respondent Markle Interests, LLC, et al. filed. (Distributed)
Aug 13 2018	Reply of petitioner Weyerhaeuser Company filed. (Distributed)
Aug 24 2018	Motion for divided argument filed by respondents Markle Interests, LLC, et al. DENIED.
Sep 07 2018	Record received from the U.S. Fish and Wildlife Service, the record is electric.
Sep 14 2018	Record received from the U.S.D.C. Eastern Dist. of Louisiana. The record contained 1 box of 6 volumes of records and one volume of transcripts. Also received is on CD of manual attachment to document #60, the contents of the CD is electronic.
Oct 01 2018	Argued. For petitioner: Timothy S. Bishop, Chicago, Ill. For respondents: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C.
Oct 25 2018	Notice of Change of Address of Markle Interests, LLC, et al. not accepted for filing. (Document not of the type that is to be filed electronically -- October 31, 2018)
Nov 27 2018	Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which all other Members joined, except Kavanaugh, J., who took no part in the consideration or decision of the case.
Jan 02 2019	JUDGMENT ISSUED.

Featured Posts

Argument preview: Justices to consider constitutionality of cross-shaped war memorial on public land – Amy Howe

Argument preview: Justices address circuit split on whether a period of pretrial imprisonment can toll a term of federal supervised release – Fiona Doherty

Relist Watch – John Elwood
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The Supreme Court released orders from the February 15 conference on Tuesday; the justices added County of Maui, Hawaii v. Hawaii Wildlife Fund to next term's merits docket and summarily reversed in Moore v. Texas.
On Wednesday the justices released their opinions in Dawson v. Steager and Timbs v. Indiana.
On Tuesday, the justices heard oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices heard oral argument in Mission Product Holdings Inc. v. Tempnology, LLC.
On Friday, the justices will meet for their February 22 conference.
Major Cases
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Dawson v. Steager By taxing the federal pension benefits of U.S. Marshals Service retiree James Dawson, while exempting from taxation the pension benefits of certain state and local law enforcement officers, West Virginia unlawfully discriminates against Dawson as 4 U.S.C. §111 forbids.
- Timbs v. Indiana The Eighth Amendment’s excessive fines clause is an incorporated protection applicable to the states under the 14th Amendment’s due process clause.
- Moore v. Texas The Texas Court of Criminal Appeals’ redetermination that Bobby James Moore does not have an intellectual disability and is thus eligible for the death penalty is inconsistent with the Supreme Court's 2017 decision in Moore v. Texas.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Baxter v. United States (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
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Justice Sotomayor at the Library of Congress

On February 14, Justice Sonia Sotomayor appeared at the Library of Congress with Chief Judge Robert Katzmann of the U.S. Court of Appeals for the 2nd Circuit and Professor Eloise Pasachoff of the Georgetown University Law Center for the Supreme Court Fellows Annual Lecture.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
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Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
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Awarded the Webby Award for excellence on the internet.

15
Conference

19
Orders
RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

20
MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)
Opinions

22
Conference

25
Orders
MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

26
UNITED STATES V. HAYMOND (17-1672)
MONT V. UNITED STATES (17-8995)

27
THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Cases argued	45
Cases decided	13
Summary reversals	3
Merits cases granted to date	74