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Drakes Bay Oyster Company v. Jewell

Certiorari Denied

Petition for certiorari denied on June 30, 2014.

Docket No.13-1244
Op. Below9th Cir.

Issue

(1) Whether federal courts lack jurisdiction under the Administrative Procedure Act to review an agency action that is arbitrary and capricious or an abuse of discretion when the statute authorizing the action does not impose specific requirements governing the exercise of discretion; (2) whether federal agencies can evade review of their actions under the National Environmental Policy Act by designating their actions as "conservation efforts," when the record shows that the action will cause significant adverse environmental effects; and (3) whether an agency commits prejudicial error when it makes materially false statements in an environmental impact statement, and then asserts that it would have made the same decision even if the false statements had been corrected.

Proceedings & orders timeline

Apr 11, 2014
Petition for a writ of certiorari filed. (Response due May 16, 2014)
May 6, 2014
Order extending time to file response to petition to and including June 16, 2014.
May 15, 2014
Brief amici curiae of Pacific Legal Foundation, and California Cattlemen's Association filed.
May 16, 2014
Brief amici curiae of William T.Bagley, et al. filed.
May 16, 2014
Brief amicus curiae of The Monte Wolfe Foundation filed.
May 16, 2014
Brief amici curiae of Dr. Corey S. Goodman, and Dr. Paul R. Houser filed.
May 27, 2014
Brief of respondent Sally Jewell, Secretary of the Interior, et al. in opposition filed. TBP
Jun 9, 2014
Reply of petitioners Drakes Bay Oyster Company, et al. filed.
Jun 10, 2014
DISTRIBUTED for Conference of June 26, 2014.
Jun 30, 2014
Petition DENIED.

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