Atlantic Coast Pipeline LLC v. Cowpasture River Preservation Association

Consolidated with:

United States Forest Service v. Cowpasture River Preservation Association

Docket No.	Argument	Opinion	Vote	Author	Term
18-1587	Feb 24, 2020	Jun 15, 2020	7-2	Thomas	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, 7-2, in an opinion by Justice Thomas on June 15, 2020. 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)
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 (18A1181) 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 (18A1181) 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 29, 2019)
07/01/2019	Motion to extend the time to file a response from July 29, 2019 to August 28, 2019, submitted to The Clerk.
07/02/2019	Blanket Consent filed by Petitioner, Atlantic Coast Pipeline, LLC.
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 Appentices 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.
07/29/2019	Brief amici curiae of State of West Virginia, et al. filed.
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 petitioner Atlantic Coast Pipeline, LLC filed. VIDED. (Distributed)
10/04/2019	Petition GRANTED. The petition for a writ of certiorari in No. 18-1584 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.”
11/26/2019	SET FOR ARGUMENT on Monday, February 24, 2020. VIDED.
01/09/2020	Record requested from the U.S.C.A. 4th Circuit.
01/21/2020	CIRCULATED
01/21/2020	The record from the U.S.C.A. 4th Circuit is electronic and located on PACER. Also received from the 4th Circuit are SEALED documents that's been electronically filed.
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.