Weyerhaeuser Company v. United States Fish and Wildlife Service
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 17-71 | Oct 1, 2018 | Nov 27, 2018 | 8-0 | Roberts | OT 2018 |
Holding: An area is eligible for designation as "critical habitat" under the Endangered Species Act of 1973 only if it is habitat for the listed species; and the decision by the secretary of the U.S. Department of the Interior not to exclude an area from critical habitat under 16 U. S. C. "1533(b)(2) is subject to judicial review.
Judgment: Vacated and remanded, 8-0, in an opinion by Chief Justice Roberts on November 27, 2018. Justice Kavanaugh took no part in the consideration or decision of the case.
SCOTUSblog Coverage
- Opinion analysis: Frogs and humans live to fight another day (Lisa Heinzerling, November 28, 2018)
- First Mondays, OT2018 #4: This Is About Frogs (First Mondays, October 22, 2018)
- Argument analysis: Justices jostle over endangered frogs critical habitat (Lisa Heinzerling, October 2, 2018)
- A "view" from the courtroom: Opening with an empty spot on the bench (Mark Walsh, October 1, 2018)
- Argument preview: Justices to consider critical-habitat designation for endangered frog (Lisa Heinzerling, September 24, 2018)
- Justices add frog case to merits docket (Amy Howe, January 22, 2018)
| Date | Proceedings and Orders |
|---|---|
| 03/21/2017 | 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. |
| 03/27/2017 | Application (16A916) granted by Justice Thomas extending the time to file until June 29, 2017. |
| 06/06/2017 | Application (16A916) to extend further the time from June 29, 2017 to July 13, 2017, submitted to Justice Thomas. |
| 06/09/2017 | Application (16A916) granted by Justice Thomas extending the time to file until July 13, 2017. |
| 07/11/2017 | Petition for a writ of certiorari filed. (Response due August 14, 2017) |
| 07/18/2017 | Consent to the filing of amicus curiae briefs, in support either party or of neither party, received from counsel for petitioner. |
| 07/20/2017 | 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. |
| 07/26/2017 | Waiver of right of respondents Markle Interests, LLC; P & F Lumber Co., 2000, LLC; & PF Monroe Properties, LLC to respond filed. |
| 08/04/2017 | Blanket Consent filed by respondent- intervenors, Center for Biological Diversity and Gulf Restoration Network on 08/10/2017 VIDED |
| 08/09/2017 | Order extending time to file response to petition to and including September 13, 2017, for all respondents |
| 08/09/2017 | Brief amicus curiae of St. Tammany Parish filed. VIDED. |
| 08/11/2017 | Brief amicus curiae of Mountain States Legal Foundation filed. VIDED. |
| 08/14/2017 | Brief amici curiae of Washington Legal Foundation, et al. filed. VIDED. |
| 08/14/2017 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED. |
| 08/14/2017 | Brief amicus curiae of Energy and Wildlife Action Coalition filed. |
| 08/14/2017 | Brief amicus curiae of The Cato Institute filed. VIDED. |
| 08/14/2017 | Brief amici curiae of The National Association of Home Builders, et al. filed. VIDED. |
| 08/14/2017 | Brief amicus curiae of San Jaun County, Utah filed. VIDED. |
| 08/14/2017 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED. |
| 08/14/2017 | Brief amicus curiae of Southeastern Legal Foundation filed. VIDED. |
| 08/14/2017 | Brief amici curiae of The American Farm Bureau Federation, et al. filed. |
| 08/14/2017 | Brief amici curiae of Alabama and 17 Additional States filed. VIDED. |
| 09/07/2017 | Order further extending time to file response to petition to and including October 13, 2017. |
| 10/06/2017 | Order further extending time to file response to petition to and including November 13, 2017, for all respondents. |
| 11/13/2017 | Brief of respondents Fish and Wildlife Service, et al. in opposition filed. VIDED. |
| 11/13/2017 | Brief of intervenor-respondents Center for Biological Diversity and Gulf Restoration Network in opposition filed. VIDED |
| 11/29/2017 | DISTRIBUTED for Conference of 1/5/2018. |
| 11/29/2017 | Reply of petitioner Weyerhaeuser Co. filed. (Distributed) |
| 01/08/2018 | DISTRIBUTED for Conference of 1/12/2018. |
| 01/16/2018 | DISTRIBUTED for Conference of 1/19/2018. |
| 01/22/2018 | Petition GRANTED. |
| 01/29/2018 | Blanket Consent filed by Respondent, United States Fish and Wildlife Service, et al. |
| 01/29/2018 | Motion for an extension of time filed. |
| 01/30/2018 | Blanket Consent filed by Petitioner, Weyerhaeuser Company. |
| 01/30/2018 | Blanket Consent filed by Respondent, Intervenor-respondents Center for Biological Diversity and Gulf Restoration Network |
| 02/01/2018 | Blanket Consent filed by Respondents, Markle Interests, LLC, et al.. |
| 02/02/2018 | 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. |
| 04/23/2018 | Brief of petitioner Weyerhaeuser Company filed. |
| 04/23/2018 | Joint appendix filed (statement of cost filed). |
| 04/23/2018 | Brief of respondents Markle Interests, LLC, et al. in support of petitioner filed. |
| 04/26/2018 | Brief amici curiae of Coalition for a Sustainable Delta, et al. filed. |
| 04/27/2018 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. |
| 04/27/2018 | Brief amicus curiae of St. Tammany Parish Government filed. |
| 04/27/2018 | Brief amicus curiae of Southeastern Legal Foundation filed. |
| 04/27/2018 | Brief amici curiae of Wyoming Stock Growers Association, et al. filed. |
| 04/30/2018 | Brief amicus curiae of Energy and Wildlife Action Coalition filed. |
| 04/30/2018 | Brief amici curiae of American Exploration & Production Council, et al. filed. |
| 04/30/2018 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| 04/30/2018 | Brief amici curiae of Washington Legal Foundation, et al. filed. |
| 04/30/2018 | Brief amici curiae of National Conference of State Legislatures, et al. filed. |
| 04/30/2018 | Brief amicus curiae of The Cato Institute filed. |
| 04/30/2018 | Brief amicus curiae of San Jaun County, Utah filed. |
| 04/30/2018 | Brief amici curiae of The National Association of Home Builders, et al. filed. |
| 04/30/2018 | Brief amici curiae of Building Industry Legal Defense Foundation, et al. filed. |
| 04/30/2018 | Brief amici curiae of Brief of Alabama and 19 Additional States filed. |
| 04/30/2018 | Brief amici curiae of National Federation of Independent Business, et al. filed. |
| 04/30/2018 | Brief amicus curiae of Cause of Action Institute filed. |
| 04/30/2018 | Brief amici curiae of The American Farm Bureau Federation, et al. filed. |
| 05/02/2018 | Motion for an extension of time to file respondents' briefs on the merits filed. |
| 05/04/2018 | Motion to extend the time to file respondents' briefs on the merits granted and the time is extended to and including June 29, 2018. |
| 06/29/2018 | Brief of Intervenor-respondents Center for Biological Diversity and Gulf Restoration Network filed. |
| 06/29/2018 | Brief of respondents United States Fish and Wildlife Service, et al. filed. |
| 07/03/2018 | Brief amici curiae of Landowners filed. |
| 07/03/2018 | Brief amici curiae of The Evangelical Environmental Network, et al. filed. |
| 07/03/2018 | Brief amici curiae of Environmental Law Professors filed. |
| 07/05/2018 | Brief amici curiae of Scientists filed. |
| 07/05/2018 | Brief amici curiae of Economists and Law Professors filed. |
| 07/06/2018 | Brief amici curiae of Small Business Owners filed. |
| 07/06/2018 | Brief amici curiae of Defenders of Wildlife, et al. filed. |
| 07/06/2018 | Brief amicus curiae of Institute for Policy Integrity at New York University School of Law filed. |
| 07/06/2018 | Brief amici curiae of Former Department of the Interior Officials filed. |
| 07/06/2018 | Brief amici curiae of Gopher Frog Experts filed. |
| 07/06/2018 | Motion of respondents Markle Interests, LLC, et al. in support of petitioner for divided argument filed. |
| 07/09/2018 | SET FOR ARGUMENT on Monday, October 1, 2018. |
| 07/09/2018 | Opposition of petitioner Weyerhaeuser Company to motion for divided argument of respondents Markle Interests, LLC, et al. in support of petitioner filed. |
| 07/10/2018 | Motion of Weyerhaeuser Company for an extension of time not accepted for filing. (July 13, 2018 - Resubmitted as an application.) |
| 07/11/2018 | 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. |
| 07/13/2018 | Application (18A52) granted by Justice Alito extending the time to file petitioner's reply brief on the merits until August 13, 2018. |
| 07/16/2018 | Motion of Markle Interests, LLC, et al. for an extension of time not accepted for filing. (July 16, 2018 - Resubmitted as an application) |
| 07/16/2018 | 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. |
| 07/17/2018 | 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. |
| 08/03/2018 | CIRCULATED |
| 08/07/2018 | Record requested from the U.S.C.A. 5th Circuit. |
| 08/08/2018 | Letter from the Solicitor General dated August 8, 2018 filed. (Circulated) |
| 08/08/2018 | Record for the U.S.C.A. 5th Circuit is electronic and located on PACER. |
| 08/13/2018 | Reply of petitioner Weyerhaeuser Company filed. (Distributed) |
| 08/13/2018 | Reply of respondent Markle Interests, LLC, et al. filed. (Distributed) |
| 08/24/2018 | Motion for divided argument filed by respondents Markle Interests, LLC, et al. DENIED. |
| 09/07/2018 | Record received from the U.S. Fish and Wildlife Service, the record is electric. |
| 09/14/2018 | 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. |
| 10/01/2018 | Argued. For petitioner: Timothy S. Bishop, Chicago, Ill. For respondents: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. |
| 10/25/2018 | 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) |
| 11/27/2018 | 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. |
| 01/02/2019 | JUDGMENT ISSUED. |
| 08/05/2019 | The record from the U.S.C.A. 5th Circuit has been returned. |