No. 23-1372

Dave Wayne Erlanson, Sr. v. Environmental Protection Agency

Lower Court: Ninth Circuit
Docketed: 2024-07-02
Status: Denied
Type: Paid
Response Waived
Tags: 9th-amendment bill-of-rights cause-of-action civil-rights constitutional-rights due-process environmental-protection-agency federal-mining-claim ninth-amendment section-1983
Key Terms:
Environmental SocialSecurity
Latest Conference: 2024-09-30
Question Presented (from Petition)

1. Can 42 U.S.C. § 1983 be considered a tort claim action?

2. Can 42 U.S.C. § 1983 be considered a cause of action to sue the U.S. Environmental Protection Agency?

3. In consideration of the Ninth Amendment of the United States Constitution, can the U.S. EPA be held liable, under § 1983, for its enforcement actions, which deprived this citizen from availing himself of a privilege and immunity granted by the State of Idaho?

4. Can the U.S. EPA be held liable for suit under § 1983, because of its enforcement actions, which deprive this citizen of his substantive private rights written within the Bill of Rights?

5. Can the U.S. EPA be held liable for suit under § 1983 for violating and disregarding acts of Congress, which confer public rights upon this citizen's use of water on his Federal mining claim?

Question Presented (AI Summary)

Can 42 U.S.C. § 1983 be considered a tort-claim-action

Docket Entries

2024-10-07
Petition DENIED.
2024-07-17
DISTRIBUTED for Conference of 9/30/2024.
2024-07-11
Waiver of EPA of right to respond submitted.
2024-07-11
Waiver of right of respondent EPA to respond filed.
2024-06-27

Attorneys

Dave W. Erlanson
David Erlanson Sr. — Petitioner
EPA
Elizabeth B. PrelogarSolicitor General, Respondent