Record returned to U.S.D.C. for theEastern District of California.

JUDGMENT ISSUED.

Judgment REVERSED-IN-PART and AFFIRMED-IN-PART. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Alito, JJ., joined. Kennedy, J., filed a concurring opinion. Breyer, J., filed a dissenting opinion, in wh (orders list)

Argued. For petitioners: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D.C. For respondents: Matt Kenna, Durango, Colo.

Letter and attachment dated October 3, 2008, received from the Acting Solicitor General. (Distributed).

Record received from U.S.D.C. for the Eastern District of California. (1 box)

Record received from U.S.C.A. for the 9th Circuit. (1 envelope)

Reply of petitioners Priscilla Summers, et al. filed. (Distributed)

CIRCULATED

Brief amici curiae of Law Professors filed.

Brief amicus curiae of California ex rel. Edmund G. Brown, Jr., Attorney General filed.

Brief of respondents Earth Island Institute, et al. filed.

SET FOR ARGUMENT ON Wednesday, October 8, 2008.

The time within which to file respondents' brief on the merits is further extended to and including June 20, 2008.

Brief amici curiae of Douglas Timber Operators, et al. filed.

Brief amici curiae of American Forest & Paper Association, et al. filed.

Brief amicus curiae of Pacific Legal Foundation in support of neither party filed.

Brief of petitioners Priscilla Summers, et al. filed.

Joint appendix filed. Statement of costs received.

The time within which to file the joint appendix and petitioners' brief on the merits is further extended to and including April 9, 2008.

The time within which to file respondents' brief on the merits is extended to and including May 27, 2008.

The time within which to file the joint appendix and petitioners' brief on the merits is extended to and including March 26, 2008.

Consent to the filing of amicus briefs in support of either party, or neither party, received from counsel for the respondents.

Petition GRANTED. The brief of petitioners is to be filed on or before Monday, February 25, 2008. The brief of respondents is to be filed on or before Monday, March 24, 2008. A reply brief, if any, is to be filed in accordance with Rule 25.3 of the Rul (orders list)

DISTRIBUTED for Conference of January 18, 2008.

Reply of petitioners filed. (Distributed.)

DISTRIBUTED for Conference of January 11, 2008.

Brief of respondents Earth Island Institute, et al. in opposition filed.

Order extending time to file response to petition to and including December 5, 2007.

Petition for a writ of certiorari filed. (Response due November 5, 2007)

Application (07A170) granted by Justice Kennedy extending the time to file until October 5, 2007.

Application (07A170) to extend the time to file a petition for a writ of certiorari from September 6, 2007 to October 5, 2007, submitted to Justice Kennedy.

Priscilla Summers, et al., Petitioner, represented by Edwin S. Kneedler

Earth Island Institute, et al., Respondent, represented by Matt G. Kenna

American Forest & Paper Association, et al., Amicus Curiae, represented by Thomas R. Lundquist

California ex rel. Edmund G. Brown, Jr., Attorney General, Amicus Curiae, represented by Raissa S. Lerner

Douglas Timber Operators, et al., Amicus Curiae, represented by Caroline M. Lobdell

Law Professors, Amicus Curiae, represented by Amanda Cohen Leiter

Pacific Legal Foundation in support of neither party, Amicus Curiae, represented by M. Reed Hopper