No. 21-560
Dakota Access, LLC v. Standing Rock Sioux Tribe, et al.
Tags: agency-discretion civil-rights due-process environmental-impact environmental-impact-statement federal-agency judicial-review national-environmental-policy-act nepa pipeline-easement procedural-error standing
Key Terms:
AdministrativeLaw Environmental Arbitration SocialSecurity JusticiabilityDoctri
AdministrativeLaw Environmental Arbitration SocialSecurity JusticiabilityDoctri
Latest Conference:
2022-02-18
(distributed 3 times)
Question Presented (from Petition)
1. Whether, under NEPA, 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.
Question Presented (AI Summary)
Whether, under NEPA, 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
Docket Entries
2022-02-22
Petition DENIED. Justice Alito and Justice Kavanaugh took no part in the consideration or decision of this petition.
2022-02-11
DISTRIBUTED for Conference of 2/18/2022.
2022-01-19
Rescheduled.
2022-01-05
DISTRIBUTED for Conference of 1/21/2022.
2022-01-04
Reply of petitioner Dakota Access, LLC filed. (Distributed)
2021-12-17
Brief of Federal respondent in opposition filed.
2021-12-16
Brief of respondents Standing Rock Sioux Tribe, et al. in opposition filed.
2021-11-18
Motion to extend the time to file a response is granted and the time is extended to and including December 17, 2021, for all respondents.
2021-11-17
Brief amici curiae of American Fuel & Petrochemical Manufacturers, et al. filed.
2021-11-16
Motion of the Solicitor General to extend the time to file a response from November 17, 2021 to December 17, 2021, submitted to The Clerk.
2021-11-12
Motion to extend the time to file a response is granted and the time is extended to and including December 17, 2021, for all respondents.
2021-11-10
Motion to extend the time to file a response from November 17, 2021 to December 17, 2021, submitted to The Clerk.
2021-10-18
Motion (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.
2021-09-29
MOTION (21M31) DISTRIBUTED for Conference of 10/15/2021.
2021-09-20
Motion (21M31) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2021-09-20
Petition for a writ of certiorari filed. (Response due November 17, 2021)
Attorneys
American Fuel & Petrochemical Manufacturers, American Petroleum Institute, Association of Oil Pipe Lines and National Association of Convenience Stores
David H. Coburn — Steptoe & Johnson LLP, Amicus
Cheyenne River Sioux Tribe, et al.
Nicole E. Ducheneaux — Big Fire Law & Policy Group, Respondent
Dakota Access, LLC
Miguel A. Estrada — Gibson, Dunn & Crutcher LLP, Petitioner
Standing Rock Sioux Tribe, et al.
Jan Erik Hasselman — Earthjustice, Respondent
United States
Elizabeth B. Prelogar — Solicitor General, Respondent