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National Mining Association v. Ryan Zinke, Secretary of the Interior, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 14-17350 · judgment December 12, 2017

Certiorari denied · October 1, 2018
Pre-decision estimate: 10% cert probability (95% interval 7%–13%)

Before the decision, about 2.4× the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

In a provision of the Federal Land Policy and Management Act of 1976, Congress delegated to the United States Department of the Interior authority to withdraw, for up to 20 years, large tracts of federal lands from availability for mineral development under the Mining Law of 1872, as amended. Congress included in the same provision a right of legislative veto over any large withdrawal, but all now agree the legislative veto violates the Presentment Clause. The question presented is: Can Congress’s delegation to the Department of the Interior of withdrawal authority over large tracts of land survive without the legislative veto right that Congress included as a check on the exercise of that authority?

Counsel of record

For petitioner
R. Timothy McCrum
Crowell & Moring, LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Related
Vide, 17-1290

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Aug 15 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Aug 13 2018
    Reply of petitioner National Mining Association filed.
  4. Jul 31 2018
    Brief of respondents Ryan Zinke, Secretary of the Interior, et al. in opposition filed. VIDED
  5. Jul 31 2018
    Brief of respondents Grand Canyon Trust, et al. in opposition filed. VIDED.
  6. Jun 28 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including July 31, 2018, for all respondents.
  7. Jun 27 2018
    Motion to extend the time to file a response from July 5, 2018 to July 31, 2018, submitted to The Clerk.
  8. Jun 01 2018
    Motion to extend the time to file a response is granted and the time is extended to and including July 5, 2018, for all respondents.
  9. May 31 2018
    Motion to extend the time to file a response from June 4, 2018 to July 5, 2018, submitted to The Clerk.
  10. May 03 2018
    Response Requested. (Due June 4, 2018)
  11. May 01 2018
    DISTRIBUTED for Conference of 5/17/2018.
  12. Apr 12 2018
    Waiver of right of respondent Ryan Zinke, Secretary of the Interior, et al. to respond filed.
  13. Apr 12 2018
    Brief amici curiae of Arizona Mining Association, et al. filed. VIDED
  14. Apr 11 2018
    Brief of respondent Gregory Yount in support filed. VIDED.
  15. Mar 09 2018
    Petition for a writ of certiorari filed. (Response due April 12, 2018)