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Protect Our Parks, Inc., et al. v. Sean Duffy, Secretary of Transportation, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 22-3190 · judgment April 8, 2024


Certiorari denied · June 6, 2025
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

The questions presented are:

  1. Whether the Obama Presidential Center project (the “OPC”), which includes four structures constructed over 19.3 acres of Frederick Law Olmsted’s Jackson Park, located next to Lake Michigan, is a major federal action under the federal environmental laws when the roadwork required because of the destruction and alteration of its internal roadwork, necessitated by that construction, is federally funded?

  2. Whether a federal court can properly defer to a federal agency’s narrow, unsupported and KLJKO\ GHIHUHQWLDO GHÀQLWLRQ RI D PDMRU SURMHFW escapes review under this Court’s recent decision in Loper Bright v. Riamondo (2024) and its well-established decision in Citizens to Preserve Overton Park, Inc. v. Volpe (1971)?

  3. Whether the federal reviews of the OPC relied upon below employed illegal segmentation to allow large portions of the undertaking to escape federal review under the NEPA, the Transportation Act and other federal statutes, ZKLFKFRQÁLFWVZLWKWKHHVWDEOLVKHGLQWHUSUHWLYH principles used in the D.C. Circuit?

  4. Whether the Seventh Circuit erred in deferring to the federal agencies who either ignored or belittled the destruction of hundreds of trees, migratory bird habitats, and other

Counsel of record

For petitioner
Michael Rachlis
RACHLIS DUFF & PEEL LLC

For respondent
Tacy Fletcher Flint
Sidley Austin LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 06 2025
    Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
  2. Jun 02 2025
    DISTRIBUTED for Conference of 6/5/2025.
  3. Dec 24 2024
    DISTRIBUTED for Conference of 1/10/2025.
  4. Dec 19 2024
    Reply of petitioners Protect Our Parks, Inc., et al. filed. (Distributed)
  5. Dec 10 2024
    Brief of Federal Respondents in opposition filed.
  6. Dec 10 2024
    Brief of respondents The Barack Obama Foundation, et al. in opposition filed.
  7. Nov 15 2024
    Motion to extend the time to file a response is granted and the time is further extended to and including December 10, 2024.
  8. Nov 14 2024
    Motion to extend the time to file a response from November 20, 2024 to December 10, 2024, submitted to The Clerk.
  9. Oct 22 2024
    Motion to extend the time to file a response is granted and the time is extended to and including November 20, 2024.
  10. Oct 21 2024
    Motion to extend the time to file a response from October 21, 2024 to November 20, 2024, submitted to The Clerk.
  11. Sep 09 2024
    Petition for a writ of certiorari filed. (Response due October 21, 2024)