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Chama Troutstalkers, LLC, et al. v. Adobe Whitewater Club of New Mexico, et al.

Paid petition · Supreme Court of New Mexico, No. S-1-SC-38195 · judgment March 2, 2022

Certiorari denied · February 27, 2023
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a business petitioner.

Question presented

Under the equal-footing doctrine, the United States held title to the beds and banks of non-navigable waters in former U.S. territories, both before and after the territories’ accession to statehood, until the United States transferred the title to private parties. Was the United States’ title subject to an easement permitting any member of the public to walk and wade on those lands whenever reasonably necessary for the enjoyment of water sports, fishing, and other recreational activities that use the water? (i)

Counsel of record

For petitioner
John Franklin Bash
Quinn Emanuel Urquhart & Sullivan, LLP

For respondent
Heather Anne Welles
O'Melveny & Myers LLP

Case

Conference history
Distributed for 1 conference

Linked docket
22A161

Proceedings

  1. Feb 27 2023
    Petition DENIED.
  2. Feb 08 2023
    DISTRIBUTED for Conference of 2/24/2023.
  3. Feb 07 2023
    Reply of petitioners Chama Troutstalkers, LLC, et al. filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  4. Jan 24 2023
    Brief of respondents Adobe Whitewater Club of New Mexico, et al. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  5. Jan 04 2023
    Motion to extend the time to file a response is granted in part and the time is further extended to and including January 24, 2023.
  6. Jan 03 2023
    Motion to extend the time to file a response from January 17, 2023 to January 30, 2023, submitted to The Clerk.
    Main Document
  7. Dec 02 2022
    Motion to extend the time to file a response is granted and the time is extended to and including January 17, 2023.
  8. Dec 01 2022
    Waiver of right of respondent New Mexico Game Commission to respond filed.
    Main Document
  9. Nov 22 2022
    Motion to extend the time to file a response from December 1, 2022 to January 17, 2023, submitted to The Clerk.
    Main Document
  10. Oct 28 2022
    Petition for a writ of certiorari filed. (Response due December 1, 2022)
    PetitionProof of ServiceCertificate of Word Count
  11. Aug 17 2022
    Application (22A161) to extend the time to file a petition for a writ of certiorari from August 29, 2022 to October 28, 2022, submitted to Justice Gorsuch.
    Main DocumentProof of Service
  12. Aug 17 2022
    Application (22A161) granted by Justice Gorsuch extending the time to file until October 28, 2022.