No. 19-547
United States Fish and Wildlife Service, et al. v. Sierra Club, Inc.
Tags: agency-action agency-discretion deliberative-process-privilege document-disclosure draft-documents endangered-species-act freedom-of-information-act interagency-consultation
Latest Conference:
2020-02-28
(distributed 2 times)
Question Presented (from Petition)
Whether Exemption 5 of the Freedom of Information Act, 5 U.S.C. 552(b)(5) (2012), by incorporating the deliberative process privilege, protects against compelled disclosure a federal agency's draft documents that were prepared as part of a formal interagency consultation process under Section 7 of the Endangered Species Act of 1973, 16 U.S.C. 1536, and that concerned a proposed agency action that was later modified in the consultation process.
Question Presented (AI Summary)
Whether Exemption 5 of the Freedom of Information Act protects against compelled disclosure a federal agency's draft documents prepared as part of a formal interagency consultation process under the Endangered Species Act
Docket Entries
2021-04-05
JUDGMENT ISSUED.
2021-03-04
Judgment REVERSED and case REMANDED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Breyer, J., filed a dissenting opinion, in which Sotomayor, J., joined.
2020-11-02
Argued. For petitioners: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Sanjay Narayan, Oakland, Cal.
2020-09-28
Sealed record material from USCA-9 received (electronic).
2020-09-03
Record from the U.S.C.A. is electronic and located on Pacer.
2020-09-02
CIRCULATED
2020-08-31
Record requested from the U.S.C.A. 9th Circuit.
2020-08-26
Reply of petitioners United States Fish and Wildlife Service, et al. filed.
2020-08-19
SET FOR ARGUMENT on Monday, November 2, 2020.
2020-08-03
Brief amici curiae of Andrew Rosenberg, et al. filed.
2020-08-03
Brief amici curiae of ACLU, et al. filed.
2020-08-03
Brief amici curiae of Reporters Committee for Freedom of the Press and 28 Media Organizations filed.
2020-08-03
Brief amici curiae of American Forest Resource Council, et al. filed.
2020-08-03
Brief amicus curiae of Electronic Privacy Information Center filed.
2020-07-31
Brief amici curiae of Center for Biological Diversity and Defenders of Wildlife filed.
2020-07-27
Brief of respondent Sierra Club, Inc. filed.
2020-06-02
Blanket Consent filed by Respondent, Sierra Club, Inc.
2020-05-21
Joint appendix filed. (Statement of costs filed)
2020-05-21
Brief of petitioners United States Fish and Wildlife Service, et al. filed.
2020-04-21
Motion to further extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is further extended to and including May 21, 2020. The time to file respondent's brief on the merits is further extended to and including July 27, 2020.
2020-04-09
Motion for a further extension of time to file the briefs on the merits filed.
2020-03-16
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including May 18, 2020. The time to file respondent's brief on the merits is extended to and including July 20, 2020.
2020-03-13
Motion for an extension of time to file the briefs on the merits filed.
2020-03-02
Petition GRANTED.
2020-02-24
DISTRIBUTED for Conference of 2/28/2020.
2020-01-22
Reply of petitioners United States Fish and Wildlife Service,, et al. filed. (Distributed)
2020-01-22
DISTRIBUTED for Conference of 2/21/2020.
2020-01-06
Brief of respondent Sierra Club, Inc. in opposition filed.
2019-11-06
Motion to extend the time to file a response is granted and the time is extended to and including January 6, 2020.
2019-11-01
Motion to extend the time to file a response from November 27, 2019 to January 6, 2020, submitted to The Clerk.
2019-10-25
Petition for a writ of certiorari filed. (Response due November 27, 2019)
2019-09-17
Application (19A185) granted by Justice Kagan extending the time to file until October 25, 2019.
2019-09-17
Application (19A185) to extend further the time from September 27, 2019 to October 25, 2019, submitted to Justice Kagan.
2019-08-19
Application (19A185) granted by Justice Kagan extending the time to file until September 27, 2019.
2019-08-16
Application (19A185) to extend the time to file a petition for a writ of certiorari from August 28, 2019 to September 27, 2019, submitted to Justice Kagan.
Attorneys
ACLU et al
American Forest Resource Council et al
Andrew Rosenberg, Jacob Carter and Joel Clement
Center for Biological Diversity, Defenders of Wildlife
Electronic Privacy Information Center
Reporters Committee for Freedom of the Press and 28 Media Organizations
Sierra Club, Inc.
Sanjay Narayan — Sierra Club Environmental Law Program, Respondent
United States Fish and Wildlife Service, et al.
Elizabeth B. Prelogar — Acting Solicitor General, Petitioner