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Havasupai Tribe v. Heather C. Provencio, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-15857, 15-15754 · judgment October 25, 2018

Certiorari denied · May 20, 2019
Pre-decision estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition and a Ninth Circuit decision below.

Question presented

Section 106 of the National Historic Preservation Act (“NHPA”), 54 U.S.C. § 306108, requires federal agencies to consult with Indian tribes and other interested parties to assess and mitigate the potential adverse impacts that a project requiring federal approval may have on sites of historic and cultural significance. The question presented here is whether the NHPA imposes a continuing obligation upon federal agencies to engage in consultation under Section 106 when an agency maintains supervision of an ongoing project, and has the opportunity to require changes to mitigate adverse impacts after the initial approval.

Counsel of record

For petitioner
Richard W Hughes
Rothstein Donatelli LLP

For respondent
Noel John Francisco
Jones Day

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Linked docket
18A694

Order
Order list, May 20, 2019 · Certiorari denied

Proceedings

  1. May 20 2019
    Petition DENIED.
  2. Apr 30 2019
    DISTRIBUTED for Conference of 5/16/2019.
  3. Apr 23 2019
    Waiver of right of respondent Provencio, Heather, et al. to respond filed.
  4. Apr 23 2019
    Waiver of right of respondents Energy Fuels Resources (USA) Inc., EFR Arizona Strip LLC, Intervenors-Defendants-Appellees to respond filed.
  5. Mar 21 2019
    Petition for a writ of certiorari filed. (Response due April 24, 2019)
  6. Jan 03 2019
    Application (18A694) granted by Justice Kagan extending the time to file until March 24, 2019.
  7. Dec 26 2018
    Application (18A694) to extend the time to file a petition for a writ of certiorari from January 23, 2019 to March 24, 2019, submitted to Justice Kagan.
    Main Document