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Dakota Access, LLC v. Standing Rock Sioux Tribe

Certiorari Denied

Petition for certiorari denied on February 22, 2022.

Docket No.21-560
Op. BelowD.C. Cir.

Issue

(1) Whether, under the National Environmental Policy Act, an agency that carefully considers all criticisms of its environmental analysis must also "resolve" those criticisms to the court"s satisfaction to justify a finding of no significant impact; and (2) whether procedural error under NEPA per se warrants remand with vacatur.

Proceedings & orders timeline

Sep 20, 2021
Motion (21M31) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
Sep 20, 2021
Petition for a writ of certiorari filed. (Response due November 17, 2021)
Sep 29, 2021
MOTION (21M31) DISTRIBUTED for Conference of 10/15/2021.
Oct 18, 2021
Motion (21M31) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted. Justice Alito and Justice Kavanaugh took no part in the consideration or decision of this motion.
Nov 10, 2021
Motion to extend the time to file a response from November 17, 2021 to December 17, 2021, submitted to The Clerk.
Nov 12, 2021
Motion to extend the time to file a response is granted and the time is extended to and including December 17, 2021, for all respondents.
Nov 16, 2021
Motion of the Solicitor General to extend the time to file a response from November 17, 2021 to December 17, 2021, submitted to The Clerk.
Nov 17, 2021
Brief amici curiae of American Fuel & Petrochemical Manufacturers, et al. filed.
Nov 18, 2021
Motion to extend the time to file a response is granted and the time is extended to and including December 17, 2021, for all respondents.
Dec 16, 2021
Brief of respondents Standing Rock Sioux Tribe, et al. in opposition filed.
Dec 17, 2021
Brief of Federal respondent in opposition filed.
Jan 4, 2022
Reply of petitioner Dakota Access, LLC filed. (Distributed)
Jan 5, 2022
DISTRIBUTED for Conference of 1/21/2022.
Jan 19, 2022
Rescheduled.
Feb 11, 2022
DISTRIBUTED for Conference of 2/18/2022.
Feb 22, 2022
Petition DENIED. Justice Alito and Justice Kavanaugh took no part in the consideration or decision of this petition.

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