Here is yesterday’s order list.
The Court denied cert in Harvey v. Ute Indian Tribe, Osage Wind LLC v. Osage Minerals Council, and Stand Up for California v. Dept. of Interior.
Osage Wind LLC v. Osage Minerals Council
SG Recommends Denial in Osage Wind and Ute Tribal Exhaustion Cases
Here is the government’s invitation brief in Harvey v. Ute Indian Tribe:
Here is the government’s brief in the Osage Wind matter:
SCOTUS Asks for Views of the Solicitor General in Osage Wind LLC v. Osage Minerals Council
Here is today’s order list.
Osage Wind LLC v. Osage Minerals Council Cert Petition
Here:
Petition for a Writ of Certiorari
Questions presented:
1. Whether the court of appeals had jurisdiction over the appeal filed by a nonparty when the nonparty did not participate in any capacity in the district court proceedings.
2. Whether the Tenth Circuit improperly invoked the Indian canon of construction to deprive surface-estate owners who are members or successors-in-interest to Indian tribe members of important property rights by overriding clear regulatory language for the express purpose of favoring the economic interests of an Indian tribe without examining congressional intent.
Lower court materials here.
UPDATES:
