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Diné Citizens Against Ruining Our Environment, et al. v. Bureau of Indian Affairs, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-17320 · judgment July 29, 2019


Certiorari denied · June 29, 2020
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Ninth Circuit decision below, and a circuit split argued in the petition.

Question presented

Whether Federal Rule of Civil Procedure 19 requires dismissal of an Administrative Procedure Act action challenging a federal agency’s compliance with statutory requirements governing federal agency decisions, for failure to join a non-federal entity that would benefit from the challenged agency action and cannot be joined without consent.

Counsel of record

For petitioner
Sarah Elaine Harrington
Covington & Burling LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Linked docket
19A934

Proceedings

  1. Jun 29 2020
    Petition DENIED.
  2. Jun 09 2020
    DISTRIBUTED for Conference of 6/25/2020.
  3. Jun 08 2020
    Reply of petitioners Diné Citizens Against Ruining Our Environment, et al. filed. (Distributed)
  4. Jun 04 2020
    Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
  5. Jun 04 2020
    Brief of respondent Arizona Public Service Company in opposition filed.
  6. Jun 04 2020
    Brief of respondent Navajo Transitional Energy Company, LLC in opposition filed.
  7. Apr 16 2020
    Letter of April 16, 2020 from the Solicitor General filed.
  8. Apr 15 2020
    Motion of Arizona Public Service Company to extend the time to file a response from April 23, 2020 to June 4, 2020, submitted to The Clerk.
  9. Apr 15 2020
    The motions to extend the time to file responses are granted and the time is extended to and including June 4, 2020, for all respondents.
  10. Apr 14 2020
    Motion of respondent Navajo Transitional Energy Company to extend the time to file a response from April 23, 2020 to June 4, 2020, submitted to The Clerk.
  11. Mar 24 2020
    Petition for a writ of certiorari filed. (Response due April 23, 2020)
  12. Feb 22 2020
    Application (19A934) granted by Justice Kagan extending the time to file until March 24, 2020.
  13. Feb 21 2020
    Application (19A934) to extend the time to file a petition for a writ of certiorari from March 10, 2020 to March 24, 2020, submitted to Justice Kagan.