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John Sturgeon v. Bert Frost, in His Official Capacity as Alaska Regional Director of the National Park Service, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 13-36165 · judgment October 2, 2017

Decided · March 26, 2019
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the Alaska National Interest Lands Conservation Act prohibits the National Park Service from exercising regulatory control over State, Native Corporation, and private land physically located within the boundaries of the National Park System in Alaska.

Counsel of record

For petitioner
Matthew Todd Findley
Ashburn & Mason, P.C.

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage · 9 merits
(6 supporting pet./neither, 3 respondent)

Argument & decision

Argued November 5, 2018 — Matthew T. Findley · Edwin S. Kneedler. Audio and transcript

Decided March 26, 2019. Opinion by Kagan.

Proceedings

  1. Mar 26 2019
    Judgment REVERSED and REMANDED. Kagan, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Ginsburg, J., joined.
  2. Nov 05 2018
    Argued. For petitioner: Matthew T. Findley, Anchorage, Alaska; and Ruth Botstein, Assistant Attorney General, Anchorage, Alaska (for Alaska, as amicus curiae.) For respondents: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C.
  3. Oct 11 2018
    Reply of petitioner John Sturgeon filed. (Distributed)
  4. Oct 09 2018
    Motion of State of Alaska for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion.
  5. Oct 01 2018
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  6. Sep 19 2018
    Record received from the U.S.D.C. District of Alaska is electronic and located on PACER with the exception of 1 envelope of Clerk's Files.
  7. Sep 18 2018
    Brief amici curiae of National Parks Conservation Association, et al. filed. (Distributed)
  8. Sep 18 2018
    Brief amici curiae of Alaska Native Subsistence Users filed. (Distributed)
  9. Sep 17 2018
    Brief amici curiae of Law Professors filed. (Distributed)
  10. Sep 12 2018
    CIRCULATED
  11. Sep 11 2018
    Brief of respondents Bert Frost, et al. filed. (Distributed)
  12. Sep 10 2018
    Record requested from the U.S.C.A. 9th Circuit.
  13. Sep 06 2018
    Motion of State of Alaska for leave to participate in oral argument as amicus curiae and for divided argument filed.
  14. Aug 20 2018
    SET FOR ARGUMENT on Monday, November 5, 2018
  15. Aug 14 2018
    Brief amicus curiae of Safari Club International filed.
  16. Aug 14 2018
    Brief amicus curiae of Ahtna, Inc. in support of neither party filed.
  17. Aug 14 2018
    Brief amicus curiae of State of Alaska filed.
  18. Aug 14 2018
    Brief amicus curiae of Pacific Legal Foundation filed.
  19. Aug 14 2018
    Brief amici curiae of Citizens Equal Rights Foundation and Central New York Fair Business Association filed.
  20. Aug 09 2018
    Brief amicus curiae of State of Idaho, et al. filed.
  21. Aug 07 2018
    Brief of petitioner John Sturgeon filed.
  22. Aug 06 2018
    Motion to dispense with printing the joint appendix filed by petitioner John Sturgeon.
  23. Aug 02 2018
    Blanket Consent filed by Petitioner, John Sturgeon
  24. Jul 31 2018
    Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 7, 2018. The time to file respondents brief on the merits is extended to and including September 11, 2018.
  25. Jul 18 2018
    Motion for an extension of time to file the opening briefs on the merits filed.
  26. Jun 18 2018
    Petition GRANTED.
  27. Jun 11 2018
    DISTRIBUTED for Conference of 6/14/2018.
  28. May 22 2018
    DISTRIBUTED for Conference of 6/7/2018.
  29. May 21 2018
    Reply of petitioner John Sturgeon filed.
  30. May 07 2018
    Brief of respondents Bert Frost, et al. in opposition filed.
  31. Apr 03 2018
    Motion to extend the time to file a response is granted and the time is extended to and including May 7, 2018
  32. Apr 02 2018
    Motion to extend the time to file a response from April 6, 2018 to May 7, 2018, submitted to The Clerk.
  33. Mar 01 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including April 6, 2018.
  34. Feb 28 2018
    Motion to extend the time to file a response from March 7, 2018 to April 6, 2018, submitted to The Clerk.
  35. Feb 06 2018
    Motion to extend the time to file a response is granted and the time is extended to and including March 7, 2018.
  36. Feb 05 2018
    Motion to extend the time to file a response from February 5, 2018 to March 7, 2018, submitted to The Clerk.
  37. Feb 05 2018
    Brief amicus curiae of State of Alaska filed.
  38. Feb 05 2018
    Brief amicus curiae of Citizens Equal Rights Foundation filed.
  39. Feb 05 2018
    Amicus brief of Citizens Equal Rights Foundation not accepted for filing. (February 09, 2018)
  40. Jan 02 2018
    Petition for a writ of certiorari filed. (Response due February 5, 2018)