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United States v. Kane County, Utah, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 18-4122 · judgment June 25, 2019


Certiorari denied · January 25, 2021
Pre-decision estimate: 31% cert probability (95% interval 21%–44%)

Before the decision, about 7.6× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a dissent in the court below (flagged in the petition).

Question presented

Whether an advocacy organization’s environmental concerns qualify as an “interest” required by Rule 24(a)(2) of the Federal Rules of Civil Procedure for the organization to intervene as of right as a party defendant in a pending civil action, where no judicial relief could be granted against that organization in the action and its environmental concerns are unrelated to any claim or defense that the organization could itself assert in the action. (I)

Counsel of record

For petitioner
Jeffrey B. Wall
Sullivan & Cromwell LLP

For respondent
Stephen H. M. Bloch
Southern Utah Wilderness All.

Case

Conference history
Distributed for 5 conferences

Related
Vide, 20-82

Proceedings

  1. Jan 25 2021
    Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
  2. Jan 19 2021
    DISTRIBUTED for Conference of 1/22/2021.
  3. Jan 11 2021
    DISTRIBUTED for Conference of 1/15/2021.
  4. Jan 04 2021
    DISTRIBUTED for Conference of 1/8/2021.
  5. Dec 07 2020
    DISTRIBUTED for Conference of 12/11/2020.
  6. Nov 10 2020
    DISTRIBUTED for Conference of 12/4/2020.
  7. Nov 09 2020
    Reply of petitioner United States filed. (Distributed)
  8. Oct 27 2020
    Brief of respondents Southern Utah Wilderness Alliance et al. in opposition filed. VIDED.
  9. Aug 17 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including October 27, 2020, for all respondents.
  10. Aug 14 2020
    Motion of respondents Southern Utah Wilderness Alliance, et al. to extend the time to file a response from August 31, 2020 to October 27, 2020, submitted to The Clerk.
  11. Jul 24 2020
    Petition for a writ of certiorari filed. (Response due August 31, 2020)