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The New 49’ers, Inc. v. Karuk Tribe of California

Petition for certiorari denied on March 18, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-289 9th Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether a federal official’s receipt and review of notice of private action, his exercise of discretion as to whether to invoke agency regulatory powers over such private action, and his decision not to invoke such powers, constitute "agency action" for purposes of Section 7(a)(2) of the Endangered Species Act, which requires consultation to ensure that federal “agency action” does not exterminate listed species; and (2) whether the federal courts lack jurisdiction over the action in light of changed circumstances.

DateProceedings and Orders
Aug 29 2012Petition for a writ of certiorari filed. (Response due October 9, 2012)
Sep 12 2012Waiver of right of respondent Karuk Tribe of California to respond filed.
Sep 19 2012DISTRIBUTED for Conference of October 5, 2012.
Oct 3 2012Brief amicus curiae of Northwest Mining Association filed.
Oct 4 2012Order extending time to file response to petition to and including November 8, 2012.
Oct 8 2012Brief amici curiae of Eastern Oregon Mining Association, et al. filed.
Nov 8 2012Brief of respondent United States in opposition filed.
Nov 16 2012Reply of petitioners The New 49'ers, Inc., et al. filed. (Distributed)
Nov 20 2012DISTRIBUTED for Conference of December 7, 2012.
Nov 20 2012Letter proposing a lodging of a complaint filed in Klamath-Siskiyou Wildlands Center et al., v. MacWhorter, No.1:12-cv-01800-PA(D.Oregon) filed October 22, 2012, received from counsel for the petitioner.
Dec 6 2012Response Requested . (Due January 7, 2013)
Dec 14 2012Order extending time to file response to petition to and including February 6, 2013.
Feb 6 2013Brief of respondent Karuk Tribe of California in opposition filed.
Feb 15 2013Reply of petitioners The New 49'ers, Inc., et al. to brief of Karuk Tribe filed. (Distributed)
Feb 20 2013DISTRIBUTED for Conference of March 15, 2013.
Mar 18 2013Petition DENIED.
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