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Markle Interests, LLC v. United States Fish and Wildlife Service

Petition granted, judgment vacated and case remanded for further consideration in light of Weyerhauser Co. v. United States Fish and Wildlife Service on December 3, 2018.

Docket No.17-74
Op. Below5th Cir.

Issue

(1) Whether the Endangered Species Act authorizes the federal government to designate as critical habitat private land that is unsuitable as habitat and has no connection with a protected species; and (2) if the Act authorizes such a designation, whether it would be consistent with the United States Constitution.

Proceedings & orders timeline

Mar 21, 2017
Application (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, 2017
Application (16A916) granted by Justice Thomas extending the time to file until June 29, 2017.
Jun 6, 2017
Application (16A916) to extend further the time from June 29, 2017 to July 13, 2017, submitted to Justice Thomas.
Jun 9, 2017
Application (16A916) granted by Justice Thomas extending the time to file until July 13, 2017.
Jul 12, 2017
Petition for a writ of certiorari filed. (Response due August 14, 2017)
Jul 18, 2017
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner Markle Interests, LLC.
Jul 18, 2017
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Weyerhaeuser Company.
Jul 27, 2017
Waiver of right of respondent Weyerhaeuser Company to respond filed.
Aug 4, 2017
Blanket Consent filed by respondent-intervenors, Center for Biological Diversity and Gulf Restoration Network on 08/10/2017 VIDED
Aug 9, 2017
Order extending time to file response to petition to and including September 13, 2017, for all respondents.
Aug 9, 2017
Brief amicus curiae of St. Tammany Parish filed. VIDED.
Aug 11, 2017
Brief amicus curiae of Mountain States Legal Foundation filed. VIDED.
Aug 11, 2017
Brief amici curiae of Coalition for a Sustainable Delta, et al. filed.
Aug 14, 2017
Brief amici curiae of Washington Legal Foundation, et al. filed. VIDED.
Aug 14, 2017
Brief amici curiae of California Cattlemens Association, et al. filed.
Aug 14, 2017
Brief amici curiae of THe National Association of Home Builders, et al. filed. VIDED.
Aug 14, 2017
Brief amicus curiae of The Cato Institute filed. VIDED.
Aug 14, 2017
Brief amicus curiae of San Jaun County, Utah filed. VIDED.
Aug 14, 2017
Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
Aug 14, 2017
Brief amicus curiae of Southeastern Legal Foundation filed. VIDED.
Aug 14, 2017
Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.
Aug 14, 2017
Brief amici curiae of Alabama and 17 Additional States filed. VIDED.
Sep 7, 2017
Order further extending time to file response to petition to and including October 13, 2017.
Oct 6, 2017
Order further extending time to file response to petition to and including November 13, 2017, for all respondents.
Nov 13, 2017
Brief of respondents Fish and Wildlife Service, et al. in opposition filed. VIDED.
Nov 13, 2017
Brief of respondents intervenor-respondents Center for Biological Diversity and Gulf Restoration Network in opposition filed. VIDED.
Nov 21, 2017
Reply of petitioners Markle Interests, et al. filed.
Nov 29, 2017
DISTRIBUTED for Conference of 1/5/2018.
Jan 8, 2018
DISTRIBUTED for Conference of 1/12/2018.
Jan 16, 2018
DISTRIBUTED for Conference of 1/19/2018.
Oct 25, 2018
Notice of Change of Address of Markle Interests, et al. not accepted for filing. (Document not of the type that is to be filed electronically -- October 31, 2018)
Nov 27, 2018
DISTRIBUTED for Conference of 11/30/2018.
Dec 3, 2018
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Weyerhaeuser Co. v. United States Fish and Wildlife Serv., et al., 586 U. S. ___ (2018).
Jan 4, 2019
JUDGMENT ISSUED.

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