SWC, LLC v. Herr
Petition for certiorari denied on October 1, 2018
Issue: (1) Whether the United States Forest Service"s powers under the property clause of the Constitution to limit gas-powered motorboat use on lakes in congressionally designated wilderness areas are dependent upon and subservient to whether a state has first acted to restrict motorboat activities on the same lakes; and (2) whether prior existing uses of property near the many national wilderness areas are immunized from and ossified against regulations to achieve the Wilderness Act of 1964"s goal to protect wildernesses and keep them "unimpaired for future use and enjoyment as wilderness," 16 U.S.C. § 1131(a).
SCOTUSblog Coverage
- Petition of the day (Aurora Barnes, May 11, 2018)
| Date | Proceedings and Orders |
|---|---|
| 04/04/2018 | Petition for a writ of certiorari filed. (Response due May 7, 2018) |
| 05/01/2018 | Motion to extend the time to file a response from May 7, 2018 to June 6, 2018, submitted to The Clerk. |
| 05/02/2018 | Motion to extend the time to file a response is granted and the time is extended to and including June 6, 2018. |
| 05/07/2018 | Brief of respondents David Herr, et al. in opposition filed. |
| 05/25/2018 | Motion to extend the time to file a response is granted and the time is further extended to and including July 6, 2018. |
| 05/25/2018 | Motion to extend the time to file a response from June 6, 2018 to July 6, 2018, submitted to The Clerk. |
| 07/06/2018 | Brief of Federal Respondents in opposition filed. |
| 07/20/2018 | Reply of SWC, LLC, d/b/a Sylvania Wilderness Cabins, et al. not accepted for filing. (July 24, 2018)(Corrected copy to be resubmitted) |
| 07/20/2018 | Reply of petitioners SWC, LLC, d/b/a Sylvania Wilderness Cabins, et al. filed. |
| 07/25/2018 | DISTRIBUTED for Conference of 9/24/2018. |
| 10/01/2018 | Petition DENIED. |