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Atlantic Coast Pipeline, LLC v. Cowpasture River Preservation Association, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-1144 · judgment December 13, 2018
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a business petitioner, and a Fourth Circuit decision below.
Question presented
Consolidated with 18-1584. The Mineral Leasing Act ("MLA'') authorizes federal agencies to grant pipeline rights-of-way over federal lands within their jurisdiction. Exercising that authority, the U.S. Forest Service granted Atlantic Coast Pipeline a right-of-way to cross small portions of the George Washington National Forest, including a 0.1-mile stretch that is approximately 700 feet beneath, and without surface impacts to, the Appalachian National Scenic Trail. While more than 50 pipelines presently cross under that footpath pursuant to similar rights-of-way, the Fourth Circuit concluded in the decision below that the Forest Service-indeed, every federal agency-lacks the power to grant rights-of-way to cross beneath the Trail pursuant to the MLA, rendering the footpath a 2,200-mile barrier separating resource-rich areas to its west from consumers to its east. The court reached that result by deeming more than 1,000 miles of land traversed by the Trail under the control of various federal, state and private entities instead to be considered lands in the National Park System, which, unlike other federal lands, are not subject to rights-of-way under the MLA. In doing so, the court not only rejected the federal government's long- settled views, but has called into question dozens of existing rightsof-way under the Trail and upset petitioner's massive investments in a pipeline designed to get natural gas to Virginia and North Carolina for the benefit of millions of people. The question presented is: Whether the Forest Service has the authority under the MLA and National Trails System Act to grant rights-of-way through national forest lands that the Appalachian Trail traverses.
Counsel of record
For petitioner
Paul D. Clement
Clement & Murphy, PLLC
For respondent
Michael K. Kellogg
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
Argument & decision
Argued February 24, 2020 — Anthony A. Yang · Paul D. Clement · Michael K. Kellogg. Audio and transcript
Decided June 15, 2020. Opinion by Thomas.
Proceedings
- Jul 17 2020JUDGMENT ISSUED.
- Jun 15 2020Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito Gorsuch, and Kavanaugh, JJ., joined, and in which Ginsburg, J., joined except as to Part III–B–2. Sotomayor, J., filed a dissenting opinion, in which Kagan, J., joined. VIDED.
- Feb 24 2020Argued. For petitioners in 18-1584: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For petitioner in 18-1587: Paul D. Clement, Washington, D. C. For respondents: Michael K. Kellogg, Washington, D. C. VIDED.
- Jan 21 2020CIRCULATED
- Jan 21 2020The record from the U.S.C.A. 4th Circuit is electronic and located on PACER. Also received from the 4th Circuit are SEALED documents that's been electronically filed.
- Jan 09 2020Record requested from the U.S.C.A. 4th Circuit.
- Nov 26 2019SET FOR ARGUMENT on Monday, February 24, 2020. VIDED.
- Oct 04 2019Petition GRANTED. The petition for a writ of certiorari in No. 18-1584 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.
- Oct 04 2019Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 18-1584. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 18-1584. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
- Sep 11 2019DISTRIBUTED for Conference of 10/1/2019.
- Sep 11 2019Reply of petitioner Atlantic Coast Pipeline, LLC filed. VIDED. (Distributed)
- Aug 28 2019Brief of respondents Cowpasture River Preservation Association, et al. in opposition filed. VIDED.
- Jul 29 2019Brief amici curiae of State of West Virginia, et al. filed.
- Jul 26 2019Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED.
- Jul 26 2019Brief amicus curiae of Mountain Valley Pipeline, LLC filed. VIDED.
- Jul 26 2019Brief amici curiae of American Forest Resource Council et al filed. VIDED.
- Jul 25 2019Brief amici curiae of United Association of Journeymen and Appentices of the Plumbing and Pipe Fitting Industry of The United States and Canada, AFL-CIO, et al. filed. VIDED.
- Jul 05 2019Motion to extend the time to file a response is granted and the time is extended to and including August 28, 2019.
- Jul 02 2019Blanket Consent filed by Petitioner, Atlantic Coast Pipeline, LLC.
- Jul 01 2019Motion to extend the time to file a response from July 29, 2019 to August 28, 2019, submitted to The Clerk.
- Jun 25 2019Petition for a writ of certiorari filed. (Response due July 29, 2019)
- May 16 2019Application (18A1181) granted by The Chief Justice extending the time to file until June 25, 2019.
- May 15 2019Application (18A1181) to extend the time to file a petition for a writ of certiorari from May 26, 2019 to June 25, 2019, submitted to The Chief Justice.