Supreme Court of the United States · Official docket →
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
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
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
Proceedings
- May 20 2019Petition DENIED.
- Apr 30 2019DISTRIBUTED for Conference of 5/16/2019.
- Apr 23 2019Waiver of right of respondent Provencio, Heather, et al. to respond filed.
- Apr 23 2019Waiver of right of respondents Energy Fuels Resources (USA) Inc., EFR Arizona Strip LLC, Intervenors-Defendants-Appellees to respond filed.
- Mar 21 2019Petition for a writ of certiorari filed. (Response due April 24, 2019)
- Jan 03 2019Application (18A694) granted by Justice Kagan extending the time to file until March 24, 2019.
- Dec 26 2018Application (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.