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Dakota Access, LLC v. Standing Rock Sioux Tribe

Petition for certiorari denied on February 22, 2022

Docket No. Op. Below Argument Opinion Vote Author Term
21-560 D.C. Cir. N/A N/A N/A N/A OT 2021

Issue: (1) Whether, under the National Environmental Policy Act, an agency that carefully considers all criticisms of its environmental analysis must also "resolve" those criticisms to the court"s satisfaction to justify a finding of no significant impact; and (2) whether procedural error under NEPA per se warrants remand with vacatur.

DateProceedings and Orders (key to color coding)
09/20/2021Motion (21M31) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
09/20/2021Petition for a writ of certiorari filed. (Response due November 17, 2021)
09/29/2021MOTION (21M31) DISTRIBUTED for Conference of 10/15/2021.
10/18/2021Motion (21M31) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted. Justice Alito and Justice Kavanaugh took no part in the consideration or decision of this motion.
11/10/2021Motion to extend the time to file a response from November 17, 2021 to December 17, 2021, submitted to The Clerk.
11/12/2021Motion to extend the time to file a response is granted and the time is extended to and including December 17, 2021, for all respondents.
11/16/2021Motion of the Solicitor General to extend the time to file a response from November 17, 2021 to December 17, 2021, submitted to The Clerk.
11/17/2021Brief amici curiae of American Fuel & Petrochemical Manufacturers, et al. filed.
11/18/2021Motion to extend the time to file a response is granted and the time is extended to and including December 17, 2021, for all respondents.
12/16/2021Brief of respondents Standing Rock Sioux Tribe, et al. in opposition filed.
12/17/2021Brief of Federal respondent in opposition filed.
01/04/2022Reply of petitioner Dakota Access, LLC filed. (Distributed)
01/05/2022DISTRIBUTED for Conference of 1/21/2022.
01/19/2022Rescheduled.
02/11/2022DISTRIBUTED for Conference of 2/18/2022.
02/22/2022Petition DENIED. Justice Alito and Justice Kavanaugh took no part in the consideration or decision of this petition.