Decided

No. 17-71

Weyerhaeuser Company v. United States Fish and Wildlife Service, et al.

from the United States Court of Appeals for the Fifth Circuit

See other cases from the Fifth Circuit.

Docket Entries

Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which all other Members joined, except Kavanaugh, J., who took no part in the consideration or decision of the case.

Notice of Change of Address of Markle Interests, LLC, et al. not accepted for filing. (Document not of the type that is to be filed electronically -- October 31, 2018)

Record received from the U.S.D.C. Eastern Dist. of Louisiana. The record contained 1 box of 6 volumes of records and one volume of transcripts. Also received is on CD of manual attachment to document #60, the contents of the CD is electronic.

Record received from the U.S. Fish and Wildlife Service, the record is electric.

Motion for divided argument filed by respondents Markle Interests, LLC, et al. DENIED.

Reply of petitioner Weyerhaeuser Company filed. (Distributed)

Record for the U.S.C.A. 5th Circuit is electronic and located on PACER.

Letter from the Solicitor General dated August 8, 2018 filed. (Circulated)

Record requested from the U.S.C.A. 5th Circuit.

CIRCULATED

Application (18A58) granted by Justice Alito extending the time for respondents Markle Interests, LLC, et al. to a file reply brief on the merits until August 13, 2018.

Application (18A58) of respondents Markle Interests, LLC, et al. to extend the time to file a reply brief on the merits from July 30, 2018 to August 13, 2018, submitted to Justice Alito.

Motion of Markle Interests, LLC, et al. for an extension of time not accepted for filing. (July 16, 2018 - Resubmitted as an application)

Application (18A52) granted by Justice Alito extending the time to file petitioner's reply brief on the merits until August 13, 2018.

Application (18A52) of petitioner to extend the time to file a reply brief on the merits from July 30, 2018 to August 13, 2018, submitted to Justice Alito.

Motion of Weyerhaeuser Company for an extension of time not accepted for filing. (July 13, 2018 - Resubmitted as an application.)

Opposition of petitioner Weyerhaeuser Company to motion for divided argument of respondents Markle Interests, LLC, et al. in support of petitioner filed.

SET FOR ARGUMENT on Monday, October 1, 2018.

Brief amici curiae of Former Department of the Interior Officials filed.

Motion of respondents Markle Interests, LLC, et al. in support of petitioner for divided argument filed.

Brief amici curiae of Small Business Owners filed.

Brief amici curiae of Gopher Frog Experts filed.

Brief amici curiae of Defenders of Wildlife, et al. filed.

Brief amicus curiae of Institute for Policy Integrity at New York University School of Law filed.

Brief amici curiae of Scientists filed.

Brief amici curiae of Economists and Law Professors filed.

Brief amici curiae of Landowners filed.

Brief amici curiae of Environmental Law Professors filed.

Brief amici curiae of The Evangelical Environmental Network, et al. filed.

Brief of respondents United States Fish and Wildlife Service, et al. filed.

Brief of Intervenor-respondents Center for Biological Diversity and Gulf Restoration Network filed.

Motion to extend the time to file respondents' briefs on the merits granted and the time is extended to and including June 29, 2018.

Motion for an extension of time to file respondents' briefs on the merits filed.

Brief amici curiae of National Federation of Independent Business, et al. filed.

Brief amici curiae of National Conference of State Legislatures, et al. filed.

Brief amicus curiae of Energy and Wildlife Action Coalition filed.

Brief amici curiae of The American Farm Bureau Federation, et al. filed.

Brief amicus curiae of Cause of Action Institute filed.

Brief amici curiae of Brief of Alabama and 19 Additional States filed.

Brief amici curiae of Building Industry Legal Defense Foundation, et al. filed.

Brief amici curiae of The National Association of Home Builders, et al. filed.

Brief amicus curiae of San Jaun County, Utah filed.

Brief amicus curiae of The Cato Institute filed.

Brief amici curiae of Washington Legal Foundation, et al. filed.

Brief amicus curiae of Chamber of Commerce of the United States of America filed.

Brief amici curiae of American Exploration & Production Council, et al. filed.

Brief amicus curiae of Southeastern Legal Foundation filed.

Brief amici curiae of Wyoming Stock Growers Association, et al. filed.

Brief amicus curiae of St. Tammany Parish Government filed.

Brief amicus curiae of Center for Constitutional Jurisprudence filed.

Brief amici curiae of Coalition for a Sustainable Delta, et al. filed.

Brief of respondents Markle Interests, LLC, et al. in support of petitioner filed.

Brief of petitioner Weyerhaeuser Company filed.

Joint appendix filed (statement of cost filed).

Motion to extend the time to file the joint appendix and petitioner's brief on the merits granted and the time is extended to and including April 23, 2018.

Blanket Consent filed by Respondents, Markle Interests, LLC, et al..

Blanket Consent filed by Petitioner, Weyerhaeuser Company.

Blanket Consent filed by Respondent, Intervenor-respondents Center for Biological Diversity and Gulf Restoration Network

Blanket Consent filed by Respondent, United States Fish and Wildlife Service, et al.

Motion for an extension of time filed.

Petition GRANTED.

DISTRIBUTED for Conference of 1/19/2018.

DISTRIBUTED for Conference of 1/12/2018.

Reply of petitioner Weyerhaeuser Co. filed. (Distributed)

DISTRIBUTED for Conference of 1/5/2018.

Brief of intervenor-respondents Center for Biological Diversity and Gulf Restoration Network in opposition filed. VIDED

Brief of respondents Fish and Wildlife Service, et al. in opposition filed. VIDED.

Order further extending time to file response to petition to and including November 13, 2017, for all respondents.

Order further extending time to file response to petition to and including October 13, 2017.

Brief amicus curiae of The Cato Institute filed. VIDED.

Brief amici curiae of Alabama and 17 Additional States filed. VIDED.

Brief amici curiae of The American Farm Bureau Federation, et al. filed.

Brief amicus curiae of Southeastern Legal Foundation filed. VIDED.

Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.

Brief amicus curiae of San Jaun County, Utah filed. VIDED.

Brief amici curiae of The National Association of Home Builders, et al. filed. VIDED.

Brief amicus curiae of Energy and Wildlife Action Coalition filed.

Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.

Brief amici curiae of Washington Legal Foundation, et al. filed. VIDED.

Brief amicus curiae of Mountain States Legal Foundation filed. VIDED.

Brief amicus curiae of St. Tammany Parish filed. VIDED.

Order extending time to file response to petition to and including September 13, 2017, for all respondents

Blanket Consent filed by respondent- intervenors, Center for Biological Diversity and Gulf Restoration Network on 08/10/2017 VIDED

Waiver of right of respondents Markle Interests, LLC; P & F Lumber Co., 2000, LLC; & PF Monroe Properties, LLC to respond filed.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Markle Interests, LLC.

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

Petition for a writ of certiorari filed. (Response due August 14, 2017)

Application (16A916) granted by Justice Thomas extending the time to file until July 13, 2017.

Application (16A916) to extend further the time from June 29, 2017 to July 13, 2017, submitted to Justice Thomas.

Application (16A916) granted by Justice Thomas extending the time to file until June 29, 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.

Parties

Weyerhaeuser Company, Petitioner, represented by Timothy S. Bishop

Intervenor-respondents Center for Biological Diversity and Gulf Restoration Network, Respondent, represented by David Thomas Goldberg

Intervenor-respondents Center for Biological Diversity and Gulf Restoration Network, Respondent, represented by John Thorvald Buse

Markle Interests, LLC, et al., Respondent, represented by Mark Miller

Amici Curiae

Alabama and 17 Additional States, Amicus Curiae, represented by Andrew L. Brasher

Alabama and 19 Additional States, Amicus Curiae, represented by Steven Troy Marshall

American Exploration & Production Council, et al., Amicus Curiae, represented by Andrew Jacob Turner

Building Industry Legal Defense Foundation, et al., Amicus Curiae, represented by Paul J. Beard II

Cause of Action Institute, Amicus Curiae, represented by John Julian Vecchione

Center for Constitutional Jurisprudence, Amicus Curiae, represented by Louis A. Chaiten

Center for Constitutional Jurisprudence, Amicus Curiae, represented by John C. Eastman

Chamber of Commerce of the United States of America, Amicus Curiae, represented by Aaron Michael Streett

Coalition for a Sustainable Delta, et al., Amicus Curiae, represented by Daniel J. O'Hanlon

Defenders of Wildlife, et al., Amicus Curiae, represented by Jason Craig Rylander

Economists and Law Professors, Amicus Curiae, represented by Amy Joelle Wildermuth

Energy and Wildlife Action Coalition, Amicus Curiae, represented by Svend Arnold Brandt-Erichsen

Environmental Law Professors, Amicus Curiae, represented by Hope Madeline Babcock

Former Department of the Interior Officials, Amicus Curiae, represented by Ann Elizabeth Prezyna

Gopher Frog Experts, Amicus Curiae, represented by Lisa W Jordan

Institute for Policy Integrity at New York University School of Law, Amicus Curiae, represented by Richard L. Revesz

Landowners, Amicus Curiae, represented by Stuart Banner

Mountain States Legal Foundation, Amicus Curiae, represented by William Perry Pendley

Mountain States Legal Foundation, Amicus Curiae, represented by Steven James Lechner

National Conference of State Legislatures, et al., Amicus Curiae, represented by Bryan Kipp Weir

National Federation of Independent Business, et al, Amicus Curiae, represented by Theodore Hadzi-Antich

San Jaun County, Utah, Amicus Curiae, represented by Shawn Terry Welch

Scientists, Amicus Curiae, represented by Sean Bernard Hecht

Small Business Owners, Amicus Curiae, represented by Joseph Carl Cecere

Southeastern Legal Foundation, Amicus Curiae, represented by Kimberly Stewart Hermann

Southeastern Legal Foundation, Amicus Curiae, represented by John Joseph Park Jr.

St. Tammany Parish, Amicus Curiae, represented by Bernard Seymour Smith

The American Farm Bureau Federation, et al., Amicus Curiae, represented by Tyson Clinton Kade

The Cato Institute, Amicus Curiae, represented by Ilya Shapiro

The Evangelical Environmental Network, et al., Amicus Curiae, represented by Ian S. Weinstein

The National Association of Home Builders, et al., Amicus Curiae, represented by Thomas Jon Ward

Washington Legal Foundation, et al., Amicus Curiae, represented by Richard A. Samp

Wyoming Stock Growers Association et al., Amicus Curiae, represented by Karen Budd-Falen

 
Last updated: December 11, 2018