Supreme Court of the United States · Official docket →
Sauer West LLC, et al. v. United States
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2024-1114 · judgment August 14, 2025
Certiorari denied · June 15, 2026
Pre-decision estimate: 5% cert probability
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Federal Circuit decision below, and a business petitioner.
Question presented
Whether the Surface Transportation Board’s issuance of a Notice of Interim Trail Use and accompanying authorization of recreational trail use triggers a per se categorical physical taking under the Trails Act.
Counsel of record
For petitioner
Carter G. Phillips
Sidley Austin LLP
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 2 conferences
Proceedings
- Jun 15 2026Petition DENIED.
- Jun 08 2026DISTRIBUTED for Conference of 6/11/2026.
- Jun 03 2026Rescheduled.
- May 19 2026DISTRIBUTED for Conference of 6/4/2026.
- May 14 2026Reply of petitioners Sauer West LLC, et al. filed.
- May 01 2026Brief of respondent United States in opposition filed.
- Mar 23 2026Motion to extend the time to file a response is granted and the time is further extended to and including May 1, 2026.
- Mar 20 2026Motion to extend the time to file a response from April 1, 2026 to May 1, 2026, submitted to The Clerk.
- Mar 02 2026Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2026.
- Feb 27 2026Motion to extend the time to file a response from March 2, 2026 to April 1, 2026, submitted to The Clerk.
- Jan 20 2026Petition for a writ of certiorari filed. (Response due March 2, 2026)