No. 18-1584
Vide 18-1587
 
Title: United States Forest Service, et al., Petitioners
v.
Cowpasture River Preservation Association, et al.
Docketed: June 26, 2019
Linked with: 18A1182
Lower Ct: United States Court of Appeals for the Fourth Circuit
   Case Numbers: (18-1144)
   Decision Date: December 13, 2018
   Rehearing Denied: February 25, 2019
Questions Presented
 
Proceedings and Orders
May 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.
Main Document Proof of Service
May 16 2019 Application (18A1182) granted by The Chief Justice extending the time to file until June 25, 2019.
Jun 25 2019 Petition for a writ of certiorari filed. (Response due July 26, 2019)
Jul 01 2019 Motion to extend the time to file a response from July 26, 2019 to August 28, 2019, submitted to The Clerk.
Jul 05 2019 Motion to extend the time to file a response is granted and the time is extended to and including August 28, 2019 .
Jul 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.
Jul 26 2019 Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED.
Jul 26 2019 Brief amicus curiae of Mountain Valley Pipeline, LLC filed. VIDED.
Jul 26 2019 Brief amici curiae of American Forest Resource Council et al filed. VIDED.
Aug 28 2019 Brief of respondents Cowpasture River Preservation Association, et al. in opposition filed. VIDED.
Sep 11 2019 DISTRIBUTED for Conference of 10/1/2019.
Sep 11 2019 Reply of petitoner Atlantic Coast Pipeline, LLC filed. VIDED. (Distributed)
Sep 12 2019 Reply of petitioner United States Forest Service, et al. filed. (Distributed)
Oct 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.
Oct 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.”
Oct 11 2019 Blanket Consent filed by respondents, Cowpasture River Preservation Association, et al. VIDED.
Oct 17 2019 Blanket Consent filed by Petitioner, Atlantic Coast Pipeline, LLC. VIDED.
Nov 05 2019 Brief amicus curiae of Richard James Pierce Jr., in support of neither party filed. VIDED.
Nov 12 2019 Motion for an extension of time filed. VIDED.
Nov 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
Nov 26 2019 SET FOR ARGUMENT on Monday, February 24, 2020. VIDED.
Dec 02 2019 Brief of Federal Petitioners filed. VIDED.
Dec 02 2019 Joint appendix filed. (Statement of costs filed). VIDED.
Dec 02 2019 Brief of petitioner Atlantic Coast Pipeline, LLC filed. (in 18-1587)
Dec 06 2019 Amicus brief of American Forest Resource Council, et al. not accepted for filing. (December 09, 2019). (Corrected efiling submitted).
Dec 06 2019 Brief amici curiae of American Forest Resource Council, et al. filed. (December 09, 2019). VIDED.
Dec 09 2019 Amicus brief of National Association of Manufacturers, et al. not accepted for filing. (December 09, 2019). (Corrected efiling to be submitted).
Dec 09 2019 Brief amici curiae of National Association of Manufacturers, et al. filed (December 09, 2019). VIDED
Dec 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.
Dec 09 2019 Brief amicus curiae of Appalachian Trail Conservancy in support of neither party filed. VIDED.
Dec 09 2019 Brief amici curiae of State of West Virginia, et al. filed. VIDED.
Dec 09 2019 Brief amicus curiae of Mountain Valley Pipeline, LLC filed. VIDED.
Dec 09 2019 Brief amici curiae of Representative Jeff Duncan and Sixty-One Additional Members of the United States House of Representatives filed. VIDED.
Jan 09 2020 Record requested from the U.S.C.A. 4th Circuit.
Jan 15 2020 Brief of respondents Cowpasture River Preservation Association, et al. filed. VIDED.
Jan 17 2020 Brief amicus curiae of Niskanen Center filed. VIDED. (Distributed)
Jan 21 2020 CIRCULATED
Jan 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)
Jan 21 2020 The record of the USCA 4th Circuit is available on PACER. Additionally, record material from USCA 4th Circuit has been electronically received.
Jan 22 2020 Brief amici curiae of Natural Resources Defense Council, the Wilderness Society, and Defenders of Wildlife filed. VIDED. (Distributed)
Jan 22 2020 Brief amici curiae of Wintergreen Property Owners Association, et al. filed. VIDED. (Distributed)
Jan 22 2020 Brief amici curiae of City of Staunton and Nelson County, Virginia filed. VIDED. (Distributed)
Jan 22 2020 Brief amici curiae of State of Vermont, et al. filed. VIDED. (Distributed)
Jan 22 2020 Brief amicus curiae of Commonwealth of Virginia filed. VIDED. (Distributed)
Jan 22 2020 Brief amicus curiae of The Rutherford Institute filed. VIDED. (Distributed)
Jan 22 2020 Brief amicus curiae of Citizens Equal Rights Foundation filed. VIDED. (Distributed)
Jan 22 2020 Motion for divided argument filed by petitioners United States Forest Service, et al. VIDED.
Feb 14 2020 Motion for divided argument filed by petitioner GRANTED. VIDED
Feb 14 2020 Reply of petitioners United States Forest Service, et al. filed. VIDED. (Distributed)
Feb 14 2020 Reply of petitioner Atlantic Coast Pipeline, LLC filed (in 18-1587). (Distributed)
Feb 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.
Jun 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.
Jul 17 2020 JUDGMENT ISSUED.
Attorneys
Attorneys for Petitioners
Paul D. Clement
Counsel of Record
Clement & Murphy, PLLC
706 Duke Street
Alexandria, VA 22314

PAUL.CLEMENT@CLEMENTMURPHY.COM
Ph: (202) 742-8900
Party name: Atlantic Coast Pipeline, LLC


Noel John Francisco
Counsel of Record
Jones Day
51 Louisiana Avenue, NW
Washington, DC 20001

NJFRANCISCO@JONESDAY.COM
Ph: (202) 879-3939
Party name: United States Forest Service, et al.


Attorneys for Respondents
Michael K. Kellogg
Counsel of Record
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
1615 M Street, NW, Suite 400
Washington, DC 20036

MKELLOGG@KELLOGGHANSEN.COM
Ph: 202-326-7902
Party name: Cowpasture River Preservation Association, et al.


Other Attorneys
Ellen O. Boardman
O'Donoghue & O'Donoghue LLP
5301 Wisconsin Ave, NW
Suite 800
Washington, DC 20015

eboardman@odonoghuelaw.com
Ph: 2023620041
Party name: United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of The United States and Canada, AFL-CIO, et al.


David Gabriel Bookbinder
Niskanen Center
820 First Street, NE
Suite 675
Washington, DC 20002

dbookbinder@niskanencenter.org
Ph: 301-751-0611
Party name: Niskanen Center


Keith Bradley
Squire Patton Boggs (U.S.) LLP
717 17th Street, Suite 1825
Denver, CO 80202

KEITH.BRADLEY@SQUIREPB.COM
Ph: 303-830-1776
Party name: Appalachian Trail Conservancy


John Charles Cruden
Beveridge & Diamond PC
1350 I Street, NW
Suite 700
Washington, DC 20005

jcruden@bdlaw.com
Ph: 2027896000
Party name: National Association of Manufacturers, et al.


James J Devine Jr.
128 Main Street
Oneida, NY 13421

jdevine@centralny.twcbc.com
Ph: 3153636600
Party name: Citizens Equal Rights Foundation


William Stewart Eubanks II
Eubanks & Associates, PLLC
1629 K Street NW
Suite 300
Washington, DC 20006

bill@eubankslegal.com
Ph: 9707036060
Party name: Pamela Underhill, Jonathan B. Jarvis, Coalition to Protect America's National Parks, and National Parks Conservation Association


Lawson Emmett Fite
American Forest Resource Council
700 N.E. Multnomah, Ste. 320
Portland, OR 97232

lfite@amforest.org
Ph: 5032229505
Party name: American Forest Resource Council, et al.


Daniel L. Geyser
Haynes and Boone, LLP
2801 N. Harwood Street, Ste. 2300
Dallas, TX 75201

DANIEL.GEYSER@HAYNESBOONE.COM
Ph: 303-382-6219
Party name: Wintergreen Property Owners Association, et al.


Sarah Elaine Harrington
Covington & Burling LLP
One CityCenter, 850 Tenth St. NW
Washington, DC 20001

sharrington@cov.com
Ph: 202-662-6000
Party name: Natural Resources Defense Council, the Wilderness Society, and Defenders of Wildlife


Toby Jay Heytens
Office of the Attorney General
202 North Ninth Street
Richmond, VA 23219

SolicitorGeneral@oag.state.va.us
Ph: (804) 786-7240
Party name: Commonwealth of Virginia


Caleb Adam Jaffe
Environmental Law and Community Engagement Clinic
University of Virginia School of Law 580 Massie Road
Charlottesville, VA 22903

cjaffe@law.virginia.edu
Ph: 4349244776
Party name: City of Staunton and Nelson County, Virginia


Thomas Christian Jensen
Perkins Coie LLP
700 Thirteenth Street, NW
Suite 600
Washington, DC 20005-3960

tjensen@perkinscoie.com
Ph: (703) 304-5211
Party name: Mountain Valley Pipeline, LLC


Richard James Pierce Jr.
george washington university
school of law, 2000 H Street,
Washington, DC 20052

rpierce@law.gwu.edu
Ph: 7033041623
Party name: Richard James Pierce Jr.


Eddie Travis Ramey
Burr & Forman LLP
420 North 20th Street, Suite 3400
Birmingham, AL 35203

tramey@burr.com
Ph: 2052513000
Party name: Representative Jeff Duncan and Sixty-One Additional Members of the United States House of Representatives


Lindsay Sara See
Office of the West Virginia Attorney General
State Capitol Complex Building 1, Room E-26
Charleston, WV 25305

LINDSAY.S.SEE@WVAGO.GOV
Ph: 3045582021
Party name: State of West Virginia, et al.


Eleanor Laurel Pullin Spottswood
Vermont Attorney General's Office
109 State Street
Montpelier, VT 05609

eleanor.spottswood@vermont.gov
Ph: 8027931646
Party name: State of Vermont, et al.


John W. Whitehead
The Rutherford Institute
109 Deerwood Road
Charlottesville, VA 22911

legal@rutherford.org
Ph: 4349783888
Party name: The Rutherford Institute