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