No. 24-343

Robert H. Aland v. Department of the Interior, et al.

Lower Court: Seventh Circuit
Docketed: 2024-09-26
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law article-iii-standing declaratory-judgment-act federal-agency-appointment statutory-qualifications subject-matter-jurisdiction
Latest Conference: 2024-11-15
Question Presented (from Petition)

1. Standing. Whether Petitioner has standing within the meaning of Article III, Sec. 2, Clause 1 of the U.S. Constitution to challenge a federal government official (here Respondent Martha Williams ("Williams"), Director of the U.S. Fish & Wildlife Service ("FWS"), an agency of the U.S. Department of the Interior ("DOI")), who was appointed by the President of the United States, in violation of a statute of the United States (here 16 U.S.C. § 742b(b)) that prescribes the qualifications for that office (here "scientific education").

2. Subject Matter Jurisdiction. Whether the District Court has subject matter jurisdiction to hear and decide Petitioner's challenge (see above) under 28 U.S.C. § 1331, which vests federal district courts with original jurisdiction over "all civil actions arising under the . . . laws . . . of the United States," and the authority under the DJA to provide the appropriate relief.

Question Presented (AI Summary)

Whether a federal district court has standing and subject matter jurisdiction to hear a challenge to a federal agency director's appointment that allegedly violates statutory qualifications

Docket Entries

2024-11-18
Petition DENIED.
2024-10-30
DISTRIBUTED for Conference of 11/15/2024.
2024-10-28
Waiver of right of respondent Dept. of Interior, et al. to respond filed.
2024-09-23

Attorneys

Dept. of Interior, et al.
Elizabeth B. Prelogar — Respondent
Robert H. Aland
Robert H. Aland — Petitioner