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Weyerhaeuser Company v. United States Fish and Wildlife Service

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Docket No. Op. Below Argument Opinion Vote Author Term
17-71 5th Cir. Oct 1, 2018 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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 21 2017Application (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 2017Application (16A916) granted by Justice Thomas extending the time to file until June 29, 2017.
Jun 06 2017Application (16A916) to extend further the time from June 29, 2017 to July 13, 2017, submitted to Justice Thomas.
Jun 09 2017Application (16A916) granted by Justice Thomas extending the time to file until July 13, 2017.
Jul 11 2017Petition for a writ of certiorari filed. (Response due August 14, 2017)
Jul 18 2017Consent to the filing of amicus curiae briefs, in support either party or of neither party, received from counsel for petitioner.
Jul 20 2017Consent 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 2017Waiver of right of respondents Markle Interests, LLC; P & F Lumber Co., 2000, LLC; & PF Monroe Properties, LLC to respond filed.
Aug 04 2017Blanket Consent filed by respondent- intervenors, Center for Biological Diversity and Gulf Restoration Network on 08/10/2017 VIDED
Aug 09 2017Order extending time to file response to petition to and including September 13, 2017, for all respondents
Aug 09 2017Brief amicus curiae of St. Tammany Parish filed. VIDED.
Aug 11 2017Brief amicus curiae of Mountain States Legal Foundation filed. VIDED.
Aug 14 2017Brief amici curiae of Washington Legal Foundation, et al. filed. VIDED.
Aug 14 2017Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.
Aug 14 2017Brief amicus curiae of Energy and Wildlife Action Coalition filed.
Aug 14 2017Brief amicus curiae of The Cato Institute filed. VIDED.
Aug 14 2017Brief amici curiae of The National Association of Home Builders, et al. filed. VIDED.
Aug 14 2017Brief amicus curiae of San Jaun County, Utah filed. VIDED.
Aug 14 2017Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
Aug 14 2017Brief amicus curiae of Southeastern Legal Foundation filed. VIDED.
Aug 14 2017Brief amici curiae of The American Farm Bureau Federation, et al. filed.
Aug 14 2017Brief amici curiae of Alabama and 17 Additional States filed. VIDED.
Sep 07 2017Order further extending time to file response to petition to and including October 13, 2017.
Oct 06 2017Order further extending time to file response to petition to and including November 13, 2017, for all respondents.
Nov 13 2017Brief of respondents Fish and Wildlife Service, et al. in opposition filed. VIDED.
Nov 13 2017Brief of intervenor-respondents Center for Biological Diversity and Gulf Restoration Network in opposition filed. VIDED
Nov 29 2017DISTRIBUTED for Conference of 1/5/2018.
Nov 29 2017Reply of petitioner Weyerhaeuser Co. filed. (Distributed)
Jan 08 2018DISTRIBUTED for Conference of 1/12/2018.
Jan 16 2018DISTRIBUTED for Conference of 1/19/2018.
Jan 22 2018Petition GRANTED.
Jan 29 2018Blanket Consent filed by Respondent, United States Fish and Wildlife Service, et al.
Jan 29 2018Motion for an extension of time filed.
Jan 30 2018Blanket Consent filed by Petitioner, Weyerhaeuser Company.
Jan 30 2018Blanket Consent filed by Respondent, Intervenor-respondents Center for Biological Diversity and Gulf Restoration Network
Feb 01 2018Blanket Consent filed by Respondents, Markle Interests, LLC, et al..
Feb 02 2018Motion 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 2018Brief of petitioner Weyerhaeuser Company filed.
Apr 23 2018Joint appendix filed (statement of cost filed).
Apr 23 2018Brief of respondents Markle Interests, LLC, et al. in support of petitioner filed.
Apr 26 2018Brief amici curiae of Coalition for a Sustainable Delta, et al. filed.
Apr 27 2018Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Apr 27 2018Brief amicus curiae of St. Tammany Parish Government filed.
Apr 27 2018Brief amicus curiae of Southeastern Legal Foundation filed.
Apr 27 2018Brief amici curiae of Wyoming Stock Growers Association, et al. filed.
Apr 30 2018Brief amicus curiae of Energy and Wildlife Action Coalition filed.
Apr 30 2018Brief amici curiae of American Exploration & Production Council, et al. filed.
Apr 30 2018Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Apr 30 2018Brief amici curiae of Washington Legal Foundation, et al. filed.
Apr 30 2018Brief amici curiae of National Conference of State Legislatures, et al. filed.
Apr 30 2018Brief amicus curiae of The Cato Institute filed.
Apr 30 2018Brief amicus curiae of San Jaun County, Utah filed.
Apr 30 2018Brief amici curiae of The National Association of Home Builders, et al. filed.
Apr 30 2018Brief amici curiae of Building Industry Legal Defense Foundation, et al. filed.
Apr 30 2018Brief amici curiae of Brief of Alabama and 19 Additional States filed.
Apr 30 2018Brief amici curiae of National Federation of Independent Business, et al. filed.
Apr 30 2018Brief amicus curiae of Cause of Action Institute filed.
Apr 30 2018Brief amici curiae of The American Farm Bureau Federation, et al. filed.
May 02 2018Motion for an extension of time to file respondents' briefs on the merits filed.
May 04 2018Motion 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 2018Brief of Intervenor-respondents Center for Biological Diversity and Gulf Restoration Network filed.
Jun 29 2018Brief of respondents United States Fish and Wildlife Service, et al. filed.
Jul 03 2018Brief amici curiae of Landowners filed.
Jul 03 2018Brief amici curiae of The Evangelical Environmental Network, et al. filed.
Jul 03 2018Brief amici curiae of Environmental Law Professors filed.
Jul 05 2018Brief amici curiae of Scientists filed.
Jul 05 2018Brief amici curiae of Economists and Law Professors filed.
Jul 06 2018Brief amici curiae of Small Business Owners filed.
Jul 06 2018Brief amici curiae of Defenders of Wildlife, et al. filed.
Jul 06 2018Brief amicus curiae of Institute for Policy Integrity at New York University School of Law filed.
Jul 06 2018Brief amici curiae of Former Department of the Interior Officials filed.
Jul 06 2018Brief amici curiae of Gopher Frog Experts filed.
Jul 06 2018Motion of respondents Markle Interests, LLC, et al. in support of petitioner for divided argument filed.
Jul 09 2018SET FOR ARGUMENT on Monday, October 1, 2018.
Jul 09 2018Opposition of petitioner Weyerhaeuser Company to motion for divided argument of respondents Markle Interests, LLC, et al. in support of petitioner filed.
Jul 10 2018Motion of Weyerhaeuser Company for an extension of time not accepted for filing. (July 13, 2018 - Resubmitted as an application.)
Jul 11 2018Application (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 2018Application (18A52) granted by Justice Alito extending the time to file petitioner's reply brief on the merits until August 13, 2018.
Jul 16 2018Motion of Markle Interests, LLC, et al. for an extension of time not accepted for filing. (July 16, 2018 - Resubmitted as an application)
Jul 16 2018Application (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 2018Application (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 2018CIRCULATED
Aug 07 2018Record requested from the U.S.C.A. 5th Circuit.
Aug 08 2018Letter from the Solicitor General dated August 8, 2018 filed. (Circulated)
Aug 08 2018Record for the U.S.C.A. 5th Circuit is electronic and located on PACER.
Aug 13 2018Reply of petitioner Weyerhaeuser Company filed. (Distributed)
Aug 13 2018Reply of respondent Markle Interests, LLC, et al. filed. (Distributed)
Aug 24 2018Motion for divided argument filed by respondents Markle Interests, LLC, et al. DENIED.
Sep 07 2018Record received from the U.S. Fish and Wildlife Service, the record is electric.
Sep 14 2018Record 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 2018Argued. For petitioner: Timothy S. Bishop, Chicago, Ill. For respondents: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C.
Oct 25 2018Notice 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 2018Judgment 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 2019JUDGMENT ISSUED.
Aug 05 2019The record from the U.S.C.A. 5th Circuit has been returned.