| 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 | |
| Date | 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 DocumentProof 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) |
| PetitionAppendixProof of Service | |
| Jul 01 2019 | Motion to extend the time to file a response from July 26, 2019 to August 28, 2019, submitted to The Clerk. |
| Main DocumentProof of Service | |
| 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. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 26 2019 | Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of ServiceOther | |
| Jul 26 2019 | Brief amicus curiae of Mountain Valley Pipeline, LLC filed. VIDED. |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Jul 26 2019 | Brief amici curiae of American Forest Resource Council et al filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 28 2019 | Brief of respondents Cowpasture River Preservation Association, et al. in opposition filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 11 2019 | DISTRIBUTED for Conference of 10/1/2019. |
| Sep 11 2019 | Reply of petitoner Atlantic Coast Pipeline, LLC filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 12 2019 | Reply of petitioner United States Forest Service, et al. filed. (Distributed) |
| Proof of ServiceMain Document | |
| 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. |
| Blanket ConsentProof of Service | |
| Oct 17 2019 | Blanket Consent filed by Petitioner, Atlantic Coast Pipeline, LLC. VIDED. |
| Blanket Consent | |
| Nov 05 2019 | Brief amicus curiae of Richard James Pierce Jr., in support of neither party filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 12 2019 | Motion for an extension of time filed. VIDED. |
| Main Document | |
| 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. |
| Main DocumentCertificate of Word Count | |
| Dec 02 2019 | Joint appendix filed. (Statement of costs filed). VIDED. |
| Main Document | |
| Dec 02 2019 | Brief of petitioner Atlantic Coast Pipeline, LLC filed. (in 18-1587) |
| Main DocumentCertificate of Word CountProof of Service | |
| 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. |
| Main DocumentCertificate of Word CountProof of Service | |
| 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 |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| 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. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 09 2019 | Brief amicus curiae of Appalachian Trail Conservancy in support of neither party filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 09 2019 | Brief amici curiae of State of West Virginia, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 09 2019 | Brief amicus curiae of Mountain Valley Pipeline, LLC filed. VIDED. |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Dec 09 2019 | Brief amici curiae of Representative Jeff Duncan and Sixty-One Additional Members of the United States House of Representatives filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| 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. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 17 2020 | Brief amicus curiae of Niskanen Center filed. VIDED. (Distributed) |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| 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) |
| Main DocumentCertificate of Word CountProof of Service | |
| 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) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 22 2020 | Brief amici curiae of Wintergreen Property Owners Association, et al. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 22 2020 | Brief amici curiae of City of Staunton and Nelson County, Virginia filed. VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jan 22 2020 | Brief amici curiae of State of Vermont, et al. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 22 2020 | Brief amicus curiae of Commonwealth of Virginia filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 22 2020 | Brief amicus curiae of The Rutherford Institute filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 22 2020 | Brief amicus curiae of Citizens Equal Rights Foundation filed. VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jan 22 2020 | Motion for divided argument filed by petitioners United States Forest Service, et al. VIDED. |
| Proof of ServiceMain Document | |
| 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) |
| Main DocumentCertificate of Word Count | |
| Feb 14 2020 | Reply of petitioner Atlantic Coast Pipeline, LLC filed (in 18-1587). (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| 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. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Paul D. Clement Counsel of Record | Kirkland & Ellis LLP 1301 Pennsylvania Avenue, NW Washington, DC 20004 paul.clement@kirkland.com | 2023895000 |
| Party name: Atlantic Coast Pipeline, LLC | ||
| Noel J. Francisco Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| 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 | 202-326-7900 |
| Party name: Cowpasture River Preservation Association, et al. | ||
| Other | ||
| Ellen O. Boardman Counsel of Record | O'Donoghue & O'Donoghue 5301 Wisconsin Avenue, NW Suite 800 Washington, DC 20015 eboardman@odonoghuelaw.com | 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 Counsel of Record | Niskanen Center 820 First Street, NE Suite 675 Washington, DC 20002 dbookbinder@niskanencenter.org | 301-751-0611 |
| Party name: Niskanen Center | ||
| Keith Bradley Counsel of Record | Squire Patton Boggs (U.S.) LLP 1801 California Street, Suite 4900 Denver, CO 80202 keith.bradley@squirepb.com | 303-830-1776 |
| Party name: Appalachian Trail Conservancy | ||
| John Charles Cruden Counsel of Record | Beveridge & Diamond PC 1350 I Street, NW Suite 700 Washington, DC 20005 jcruden@bdlaw.com | 2027896000 |
| Party name: National Association of Manufacturers, et al. | ||
| James J Devine Jr. Counsel of Record | 128 Main Street Oneida, NY 13421 jdevine@centralny.twcbc.com | 3153636600 |
| Party name: Citizens Equal Rights Foundation | ||
| William Stewart Eubanks II Counsel of Record | Eubanks & Associates, LLC 2601 S. Lemay Avenue Unit 7-240 Fort Collins, CO 80525 bill@eubankslegal.com | 9707036060 |
| Party name: Pamela Underhill, Jonathan B. Jarvis, Coalition to Protect America's National Parks, and National Parks Conservation Association | ||
| Lawson Emmett Fite Counsel of Record | 700 N.E. Multnomah, Ste. 320 Portland, OR 97232 lfite@amforest.org | 5032229505 |
| Party name: American Forest Resource Council, et al. | ||
| Daniel L. Geyser Counsel of Record | Geyser P.C. One Energy Square 4925 Greenville Ave., Ste. 200 Dallas, TX 75206 daniel.geyser@geyserpc.com | 214-800-2660 |
| Party name: Wintergreen Property Owners Association, et al. | ||
| Sarah Elaine Harrington Counsel of Record | Goldstein & Russell, P.C. 7475 Wisconsin Avenue Suite 850 Bethesda, MD 20814 sh@goldsteinrussell.com | 202-362-0636 |
| Party name: Natural Resources Defense Council, the Wilderness Society, and Defenders of Wildlife | ||
| Toby Jay Heytens Counsel of Record | Office of the Attorney General 202 North Ninth Street Richmond, VA 23219 SolicitorGeneral@oag.state.va.us | (804) 786-7240 |
| Party name: Commonwealth of Virginia | ||
| Caleb Adam Jaffe Counsel of Record | Environmental and Regulatory Law Clinic University of Virginia School of Law 580 Massie Road Charlottesville, VA 22903 cjaffe@law.virginia.edu | 4349244776 |
| Party name: City of Staunton and Nelson County, Virginia | ||
| Thomas Christian Jensen Counsel of Record | Perkins Coie LLP 700 Thirteenth Street, NW Suite 600 Washington, DC 20005-3960 tjensen@perkinscoie.com | (703) 304-5211 |
| Party name: Mountain Valley Pipeline, LLC | ||
| Richard James Pierce Jr. Counsel of Record | george washington university school of law, 2000 H Street, Washington, DC 20052 rpierce@law.gwu.edu | 7033041623 |
| Party name: Richard James Pierce Jr. | ||
| Eddie Travis Ramey Counsel of Record | Burr & Forman LLP 420 North 20th Street, Wells Fargo Tower, Suite 3400 Birmingham, AL 35203 tramey@burr.com | 2052513000 |
| Party name: Representative Jeff Duncan and Sixty-One Additional Members of the United States House of Representatives | ||
| Lindsay Sara See Counsel of Record | Office of the West Virginia Attorney General 1900 Kanawha Blvd E, Bldg 1 Rm 26E Charleston, WV 25305 lindsay.s.see@wvago.gov | 3045582021 |
| Party name: State of West Virginia, et al. | ||
| Eleanor Laurel Pullin Spottswood Counsel of Record | Vermont Attorney General's Office 109 State Street Montpelier, VT 05609 eleanor.spottswood@vermont.gov | 802-828-5500 |
| Party name: State of Vermont, et al. | ||
| John W. Whitehead Counsel of Record | The Rutherford Institute 109 Deerwood Road Charlottesville, VA 22911 legal@rutherford.org | 4349783888 |
| Party name: The Rutherford Institute | ||