Decided

No. 18-1584

United States Forest Service, et al. v. Cowpasture River Preservation Association, et al.

from the United States Court of Appeals for the Fourth Circuit

See other cases from the Fourth Circuit.

Docket Entries

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito Gorsuch, and Kavanaugh, JJ., joined, and in which Ginsburg, J., joined except as to Part III–B–2. Sotomayor, J., filed a dissenting opinion, in which Kagan, J., joined. VIDED.

Argued. For petitioners in 18-1584: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For petitioner in 18-1587: Paul D. Clement, Washington, D. C. For respondents: Michael K. Kellogg, Washington, D. C. VIDED.

Reply of petitioners United States Forest Service, et al. filed. VIDED. (Distributed)

Motion for divided argument filed by petitioner GRANTED. VIDED

Reply of petitioner Atlantic Coast Pipeline, LLC filed (in 18-1587). (Distributed)

Brief amici curiae of City of Staunton and Nelson County, Virginia filed. VIDED. (Distributed)

Brief amici curiae of State of Vermont, et al. filed. VIDED. (Distributed)

Brief amici curiae of Wintergreen Property Owners Association, et al. filed. VIDED. (Distributed)

Brief amici curiae of Natural Resources Defense Council, the Wilderness Society, and Defenders of Wildlife filed. VIDED. (Distributed)

Brief amicus curiae of Citizens Equal Rights Foundation filed. VIDED. (Distributed)

Brief amicus curiae of The Rutherford Institute filed. VIDED. (Distributed)

Brief amicus curiae of Commonwealth of Virginia filed. VIDED. (Distributed)

CIRCULATED

The record of the USCA 4th Circuit is available on PACER. Additionally, record material from USCA 4th Circuit has been electronically received.

Brief amici curiae of Pamela Underhill, Jonathan B. Jarvis, Coalition to Protect America's National Parks, and National Parks Conservation Association filed. VIDED. (Distributed)

Brief amicus curiae of Niskanen Center filed. VIDED. (Distributed)

Brief of respondents Cowpasture River Preservation Association, et al. filed. VIDED.

Record requested from the U.S.C.A. 4th Circuit.

Brief amici curiae of State of West Virginia, et al. filed. VIDED.

Brief amicus curiae of Appalachian Trail Conservancy in support of neither party filed. VIDED.

Brief amici curiae of Representative Jeff Duncan and Sixty-One Additional Members of the United States House of Representatives filed. VIDED.

Brief amicus curiae of Mountain Valley Pipeline, LLC filed. VIDED.

Brief amici curiae of United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of The United States and Canada, AFL-CIO, et al. filed. VIDED.

Brief of Federal Petitioners filed. VIDED.

Joint appendix filed. (Statement of costs filed). VIDED.

Brief of petitioner Atlantic Coast Pipeline, LLC filed. (in 18-1587)

SET FOR ARGUMENT on Monday, February 24, 2020. VIDED.

Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' briefs on the merits is extended to and including December 2, 2019. The time to file respondents' brief on the merits is extended to and including January 15, 2020. VIDED

Motion for an extension of time filed. VIDED.

Brief amicus curiae of Richard James Pierce Jr., in support of neither party filed. VIDED.

Blanket Consent filed by Petitioner, Atlantic Coast Pipeline, LLC. VIDED.

Blanket Consent filed by respondents, Cowpasture River Preservation Association, et al. VIDED.

Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 18-1584. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 18-1584. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”

Petition GRANTED. The petition for a writ of certiorari in No. 18-1587 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.

Reply of petitioner United States Forest Service, et al. filed. (Distributed)

Reply of petitoner Atlantic Coast Pipeline, LLC filed. VIDED. (Distributed)

DISTRIBUTED for Conference of 10/1/2019.

Brief of respondents Cowpasture River Preservation Association, et al. in opposition filed. VIDED.

Brief amici curiae of American Forest Resource Council et al filed. VIDED.

Brief amicus curiae of Mountain Valley Pipeline, LLC filed. VIDED.

Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED.

Brief amici curiae of United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of The United States and Canada, AFL-CIO, et al. filed. VIDED.

Motion to extend the time to file a response is granted and the time is extended to and including August 28, 2019 .

Motion to extend the time to file a response from July 26, 2019 to August 28, 2019, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due July 26, 2019)

Application (18A1182) granted by The Chief Justice extending the time to file until June 25, 2019.

Application (18A1182) to extend the time to file a petition for a writ of certiorari from May 26, 2019 to June 25, 2019, submitted to The Chief Justice.

Parties

Atlantic Coast Pipeline, LLC, Petitioner, represented by Paul D. Clement

United States Forest Service, et al., Petitioner, represented by Noel J. Francisco

Cowpasture River Preservation Association, et al., Respondent, represented by Michael K. Kellogg

Amici Curiae

American Forest Resource Council, et al., Amicus Curiae, represented by Lawson Emmett Fite

Appalachian Trail Conservancy, Amicus Curiae, represented by Keith Bradley

Citizens Equal Rights Foundation, Amicus Curiae, represented by James J Devine Jr.

City of Staunton and Nelson County, Virginia, Amicus Curiae, represented by Caleb Adam Jaffe

Commonwealth of Virginia, Amicus Curiae, represented by Toby Jay Heytens

Mountain Valley Pipeline, LLC, Amicus Curiae, represented by Thomas Christian Jensen

National Association of Manufacturers, et al., Amicus Curiae, represented by John Charles Cruden

Natural Resources Defense Council, the Wilderness Society, and Defenders of Wildlife, Amicus Curiae, represented by Sarah Elaine Harrington

Niskanen Center, Amicus Curiae, represented by David Gabriel Bookbinder

Pamela Underhill, Jonathan B. Jarvis, Coalition to Protect America's National Parks, and National Parks Conservation Association, Amicus Curiae, represented by William Stewart Eubanks II

Representative Jeff Duncan and Sixty-One Additional Members of the United States House of Representatives, Amicus Curiae, represented by Eddie Travis Ramey

Richard James Pierce Jr., Amicus Curiae, represented by Richard James Pierce Jr.

State of Vermont, et al., Amicus Curiae, represented by Eleanor Laurel Pullin Spottswood

State of West Virginia, et al., Amicus Curiae, represented by Lindsay Sara See

The Rutherford Institute, Amicus Curiae, represented by John W. Whitehead

United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of The United States and Canada, AFL-CIO, et al., Amicus Curiae, represented by Ellen O. Boardman

Wintergreen Property Owners Association, et al., Amicus Curiae, represented by Daniel L. Geyser

 
Last updated: September 15, 2020