United States Forest Service v. Cowpasture River Preservation Association

Consolidated with:

Atlantic Coast Pipeline LLC v. Cowpasture River Preservation Association

Docket No.	Argument	Opinion	Vote	Author	Term
18-1584	Feb 24, 2020	TBD	7-2	TBD	OT 2019

Holding: Because the Department of the Interior"s decision to assign responsibility over the Appalachian Trail to the National Park Service did not transform the land over which the Trail passes into land within the National Park System, the Forest Service had the authority to issue the special use permit.

Judgment: Reversed and remanded on . Justice Ginsburg joined the majority opinion as to all but part III-B-2. Justice Sotomayor filed a dissenting opinion, in which Justice Kagan joined.

SCOTUSblog Coverage

Opinion analysis: Appalachian Trail no barrier for major gas pipeline (Noah Sachs, June 17, 2020)
Live blog of orders and opinions (Update: Completed) (Kalvis Golde, June 15, 2020)
Argument analysis: The trail, the pipeline and a journey to the center of the earth (Noah Sachs, February 25, 2020)
Argument preview: Justices to consider whether the Appalachian Trail blocks proposed natural gas pipeline (Noah Sachs, February 18, 2020)
Abortion, CFPB cases scheduled for February sitting (Amy Howe, November 26, 2019)
Justices grant new cases for upcoming term, will tackle Louisiana abortion dispute (Amy Howe, October 4, 2019)
Petitions of the week (Aurora Barnes, July 26, 2019)

Date	Proceedings and Orders (key to color coding)
05/15/2019	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.
05/16/2019	Application (18A1182) granted by The Chief Justice extending the time to file until June 25, 2019.
06/25/2019	Petition for a writ of certiorari filed. (Response due July 26, 2019)
07/01/2019	Motion to extend the time to file a response from July 26, 2019 to August 28, 2019, submitted to The Clerk.
07/05/2019	Motion to extend the time to file a response is granted and the time is extended to and including August 28, 2019 .
07/25/2019	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.
07/26/2019	Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED.
07/26/2019	Brief amicus curiae of Mountain Valley Pipeline, LLC filed. VIDED.
07/26/2019	Brief amici curiae of American Forest Resource Council et al filed. VIDED.
08/28/2019	Brief of respondents Cowpasture River Preservation Association, et al. in opposition filed. VIDED.
09/11/2019	DISTRIBUTED for Conference of 10/1/2019.
09/11/2019	Reply of petitoner Atlantic Coast Pipeline, LLC filed. VIDED. (Distributed)
09/12/2019	Reply of petitioner United States Forest Service, et al. filed. (Distributed)
10/04/2019	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.
10/04/2019	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.”
10/11/2019	Blanket Consent filed by respondents, Cowpasture River Preservation Association, et al. VIDED.
10/17/2019	Blanket Consent filed by Petitioner, Atlantic Coast Pipeline, LLC. VIDED.
11/05/2019	Brief amicus curiae of Richard James Pierce Jr., in support of neither party filed. VIDED.
11/12/2019	Motion for an extension of time filed. VIDED.
11/15/2019	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
11/26/2019	SET FOR ARGUMENT on Monday, February 24, 2020. VIDED.
12/02/2019	Brief of Federal Petitioners filed. VIDED.
12/02/2019	Joint appendix filed. (Statement of costs filed). VIDED.
12/02/2019	Brief of petitioner Atlantic Coast Pipeline, LLC filed. (in 18-1587)
12/06/2019	Amicus brief of American Forest Resource Council, et al. not accepted for filing. (December 09, 2019). (Corrected efiling submitted).
12/06/2019	Brief amici curiae of American Forest Resource Council, et al. filed. (December 09, 2019). VIDED.
12/09/2019	Amicus brief of National Association of Manufacturers, et al. not accepted for filing. (December 09, 2019). (Corrected efiling to be submitted).
12/09/2019	Brief amici curiae of National Association of Manufacturers, et al. filed (December 09, 2019). VIDED
12/09/2019	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.
12/09/2019	Brief amicus curiae of Appalachian Trail Conservancy in support of neither party filed. VIDED.
12/09/2019	Brief amici curiae of State of West Virginia, et al. filed. VIDED.
12/09/2019	Brief amicus curiae of Mountain Valley Pipeline, LLC filed. VIDED.
12/09/2019	Brief amici curiae of Representative Jeff Duncan and Sixty-One Additional Members of the United States House of Representatives filed. VIDED.
01/09/2020	Record requested from the U.S.C.A. 4th Circuit.
01/15/2020	Brief of respondents Cowpasture River Preservation Association, et al. filed. VIDED.
01/17/2020	Brief amicus curiae of Niskanen Center filed. VIDED. (Distributed)
01/21/2020	CIRCULATED
01/21/2020	Brief amici curiae of Pamela Underhill, Jonathan B. Jarvis, Coalition to Protect America's National Parks, and National Parks Conservation Association filed. VIDED. (Distributed)
01/21/2020	The record of the USCA 4th Circuit is available on PACER. Additionally, record material from USCA 4th Circuit has been electronically received.
01/22/2020	Brief amici curiae of Natural Resources Defense Council, the Wilderness Society, and Defenders of Wildlife filed. VIDED. (Distributed)
01/22/2020	Brief amici curiae of Wintergreen Property Owners Association, et al. filed. VIDED. (Distributed)
01/22/2020	Brief amici curiae of City of Staunton and Nelson County, Virginia filed. VIDED. (Distributed)
01/22/2020	Brief amici curiae of State of Vermont, et al. filed. VIDED. (Distributed)
01/22/2020	Brief amicus curiae of Commonwealth of Virginia filed. VIDED. (Distributed)
01/22/2020	Brief amicus curiae of The Rutherford Institute filed. VIDED. (Distributed)
01/22/2020	Brief amicus curiae of Citizens Equal Rights Foundation filed. VIDED. (Distributed)
01/22/2020	Motion for divided argument filed by petitioners United States Forest Service, et al. VIDED.
02/14/2020	Motion for divided argument filed by petitioner GRANTED. VIDED
02/14/2020	Reply of petitioners United States Forest Service, et al. filed. VIDED. (Distributed)
02/14/2020	Reply of petitioner Atlantic Coast Pipeline, LLC filed (in 18-1587). (Distributed)
02/24/2020	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.
06/15/2020	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.
07/17/2020	JUDGMENT ISSUED.