Supreme Court of the United States · Official docket →
Dave Wayne Erlanson, Sr. v. Environmental Protection Agency
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-35894 · judgment April 30, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Can 42 U.S.C. § 1983 be considered a tort claim action?
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Can 42 U.S.C. § 1983 be considered a cause of action to sue the U.S. Environmental Protection Agency?
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In consideration of the Ninth Amendment of the United States Constitution, can the U.S. EPA be held liable, under § 1983, for its enforcement actions, which deprived this citizen from availing himself of a privilege and immunity granted by the State of Idaho?
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Can the U.S. EPA be held liable for suit under § 1983, because of its enforcement actions, which deprive this citizen of his substantive private rights written within the Bill of Rights?
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Can the U.S. EPA be held liable for suit under § 1983 for violating and disregarding acts of Congress, which confer public rights upon this citizen’s use of water on his Federal mining claim?
Counsel of record
For petitioner
David Erlanson Sr.
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 07 2024Petition DENIED.
- Jul 17 2024DISTRIBUTED for Conference of 9/30/2024.
- Jul 11 2024Waiver of right of respondent EPA to respond filed.
- Jun 27 2024Petition for a writ of certiorari filed. (Response due August 1, 2024)