Foster v. Vilsack
Petition for certiorari denied on January 9, 2017
Issue: (1) Whether federal courts should defer, under Auer v. Robbins, to an agency construction of an interpretive field manual ("second level Auer deference"), as have the Sixth Circuit and the Eighth Circuit decision below, or not, as the Fifth Circuit has held; and (2) whether the use of a remote comparison site, preselected ten years prior and without notice to the petitioners or an opportunity to be heard, as the sole means of determining that their land supports wetland plants, violates their rights to due process of law under the Fifth Amendment.
SCOTUSblog Coverage
- Petition of the day (Kate Howard, September 7, 2016)
Date | Proceedings and Orders |
---|---|
06/29/2016 | Application (16A29) to extend the time to file a petition for a writ of certiorari from July 10, 2016 to September 8, 2016, submitted to Justice Alito. |
07/12/2016 | Application (16A29) granted by Justice Alito extending the time to file until August 9, 2016. |
08/08/2016 | Petition for a writ of certiorari filed. (Response due September 12, 2016) |
08/15/2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
09/08/2016 | Order extending time to file response to petition to and including October 12, 2016. |
09/12/2016 | Brief amici curiae of Center for Constitutional Jurisprudence, et al. filed. |
09/12/2016 | Brief amicus curiae of Cato Institute filed. |
09/12/2016 | Brief amici curiae of American Farm Bureau Federation, et al. filed. |
09/28/2016 | Order further extending time to file response to petition to and including November 14, 2016. |
11/10/2016 | Order further extending time to file response to petition to and including December 7, 2016. |
12/07/2016 | Brief of respondent Thomas J. Vilsack, Secretary of Agriculture in opposition filed. |
12/19/2016 | Reply of petitioners Arlen Foster, et ux. filed. |
12/21/2016 | DISTRIBUTED for Conference of January 6, 2017. |
01/09/2017 | Petition DENIED. |