| No. 21-1484 Vide 22-51 | |
| Title: | Arizona, et al., Petitioners v. Navajo Nation, et al. |
| Docketed: | May 25, 2022 |
| Lower Ct: | United States Court of Appeals for the Ninth Circuit |
| Case Numbers: | (19-17088) |
| Decision Date: | February 17, 2022 |
| Questions Presented | |
| Date | Proceedings and Orders |
| May 17 2022 | Petition for a writ of certiorari filed. (Response due June 24, 2022) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Jun 16 2022 | Waiver of right of respondent Navajo Nation to respond filed. |
| Main DocumentProof of Service | |
| Jun 17 2022 | Waiver of right of respondent Arizona Power Authority to respond filed. |
| Main Document | |
| Jun 21 2022 | Motion to extend the time to file a response from June 24, 2022 to July 25, 2022, submitted to The Clerk. |
| Main Document | |
| Jun 23 2022 | Motion to extend the time to file a response is granted and the time is extended to and including July 25, 2022. |
| Jul 15 2022 | Memorandum of respondents Department of the Interior, et al. filed. |
| Main DocumentProof of Service | |
| Jul 21 2022 | Motion of the Navajo Nation seeking an extension of time to file a response from July 25, 2022 to September 23, 2022, submitted to The Clerk. |
| Main Document | |
| Jul 22 2022 | The motion of the Navajo Nation is granted and the time to file a response is extended to and including September 23, 2022. |
| Sep 23 2022 | Brief of respondent Navajo Nation in opposition filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Oct 07 2022 | Reply of petitioners Arizona, et al. filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Oct 12 2022 | DISTRIBUTED for Conference of 10/28/2022. |
| Oct 31 2022 | DISTRIBUTED for Conference of 11/4/2022. |
| Nov 04 2022 | Petition GRANTED. The petition for a writ of certiorari in No. 22-51 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. |
| Nov 04 2022 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 21-1484. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-1484. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| Dec 19 2022 | Brief of the Federal Parties filed. VIDED. |
| Main DocumentCertificate of Word Count | |
| Dec 19 2022 | Joint appendix filed. VIDED. (Statement of cost filed.) |
| Main DocumentProof of Service | |
| Dec 19 2022 | Brief of Colorado filed (as to 21-1484). |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 19 2022 | Brief of Arizona, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 27 2022 | Brief amici curiae of Western Water Users and Trade Associations filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 27 2022 | Brief amicus curiae of Citizens Equal Rights Foundation in support of neither party (also in 22-51) filed. VIDED. |
| Main DocumentProof of Service | |
| Dec 28 2022 | Motion of respondent Navajo Nation for an extension of time filed. VIDED. |
| Main Document | |
| Jan 03 2023 | Motion to extend the time to file the brief on the merits of respondent Navajo Nation is granted and the time is extended to and including February 1, 2023. VIDED. |
| Jan 31 2023 | SET FOR ARGUMENT on Monday, March 20, 2023. VIDED. |
| Feb 01 2023 | Brief of respondent Navajo Nation filed. VIDED |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Feb 03 2023 | Record requested from the U.S.C.A. for the Ninth Circuit. VIDED. |
| Feb 03 2023 | All records from the USCA-9th Circuit are available on PACER. Sealed records from the USDC-Arizona were transmitted electronically. |
| Feb 07 2023 | Motion for divided argument filed by the Solicitor General. VIDED. |
| Main DocumentProof of Service | |
| Feb 08 2023 | Amicus brief of Coalition of Large Tribes not accepted for filing. (February 09, 2023 - corrected efiling to be submitted). |
| Feb 08 2023 | Brief amicus curiae of Coalition of Large Tribes filed. VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Feb 08 2023 | Brief amici curiae of Historians filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 08 2023 | Brief amici curiae of Southern Ute Indian Tribe and Ute Mountain Ute Tribe filed. VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Feb 08 2023 | Brief amici curiae of Prof. Daniel McCool, Prof. Ezra Rosser, and Prof. David Wilkins filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 08 2023 | Brief amicus curiae of Diné Hataalii Association, Inc. filed. VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Feb 08 2023 | Brief amici curiae of Tribal Nations and Indian Organizations filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of ServiceOther | |
| Feb 08 2023 | Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 08 2023 | Brief amici curiae of Lawrence J. MacDonnell, et. al. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 08 2023 | Brief amici curiae of DigDeep Right to Water Project, et al. filed (Feb.14, 2023). VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 10 2023 | CIRCULATED |
| Mar 03 2023 | Reply of Arizona, et al. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 03 2023 | Reply of Colorado filed (as to 21-1484). (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 03 2023 | Reply of Federal Parties filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word Count | |
| Mar 17 2023 | Motion for divided argument filed by the Solicitor General GRANTED. VIDED. |
| Mar 20 2023 | Argued. For federal parties: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For state parties: Rita P. Maguire, Phoenix, Ariz. For Navajo Nation: Shay Dvoretzky, Washington, D. C. VIDED. |
| Apr 07 2023 | Letter filed. VIDED. (Distributed) |
| Main Document | |
| Jun 22 2023 | Judgment REVERSED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Barrett, JJ., joined. Thomas, J., filed a concurring opinion. Gorsuch, J., filed a dissenting opinion, in which Sotomayor, Kagan, and Jackson, JJ., joined. VIDED. |
| Jul 24 2023 | Judgment issued. |
| Main Document |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Rita Pearson Maguire Counsel of Record | Rita P. Maguire, Attorney at Law, PLLC 4139 N. 49th Place Phoenix, AZ 85018 rmaguire@azwaterlaw.com | 602-277-2197 |
| Party name: State of Arizona, State of Nevada, State of Colorado, The Metropolitan Water District of Southern California, et al. | ||
| Eric Reuel Olson Counsel of Record | Solicitor General 1300 Broadway 10th Floor Denver, CO 80203 eric.olson@coag.gov | 7205086548 |
| Party name: State of Colorado | ||
| Attorneys for Respondents | ||
| Shay Dvoretzky Counsel of Record | Skadden, Arps, Slate, Meagher & Flom LLP 1440 New York Ave., NW Washington, DC 20005 shay.dvoretzky@skadden.com | 202-371-7370 |
| Party name: Navajo Nation | ||
| Elizabeth B. Prelogar Counsel of Record | United States Department of Justice
950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SUPREMECTBRIEFS@USDOJ.GOV | 202-514-2217 |
| Party name: Department of the Interior, et al. | ||
| Dena R. Benjamin | Office of the Attorney General 2005 N. Central Avenue Pnoenix, AZ 85004 dena.benjamin@azag.gov | 602-542-7717 |
| Party name: Arizona Power Authority | ||
| Alice Elizabeth Walker | Meyer, Walker & Walker, P.C. 1007 Pearl Street Suite 220 Suite 220 Boulder, CO 80302 awalker@mmwclaw.com | 3034422021 |
| Party name: Navajo Nation | ||
| Other | ||
| Frances Clare Bassett Counsel of Record | Patterson Earnhart Real Bird & Wilson LLP 1900 Plaza Drive Louisville, CO 80027 FBASSETT@NATIVELAWGROUP.COM | 303-926-5292 |
| Party name: Ute Indian Tribe of the Uintah and Ouray Reservation | ||
| Elizabeth Graber Bentley Counsel of Record | University of Minnesota Law School Walter F. Mondale Hall 229 19th Avenue South Minneapolis, MN 55455 EBENTLEY@UMN.EDU | 612-625-7809 |
| Party name: DigDeep Right to Water Project and Utah Tribal Relief Foundation | ||
| Troy A. Eid Counsel of Record | Greenberg Traurig LLP 1144 15th Street Suite 3300 Denver, CO 80202 EIDT@GTLAW.COM | 3035726521 |
| Party name: Coalition of Large Tribes | ||
| Patricia Ferguson-Bohnee Counsel of Record | Indian Legal Clinic Sandra Day O'Connor College of Law Public Interest Law Firm 111 East Taylor Street, MC 8820 Phoenix, AZ 85004 pafergus@asu.edu | 4807270420 |
| Party name: Diné Hataałii Association, Inc. | ||
| Burke William Griggs Counsel of Record | Washburn University School of Law 1700 SW College Ave. Topeka, KS 66621 BURKE.GRIGGS@WASHBURN.EDU | (785) 670-1666 |
| Party name: Lawrence J. MacDonnell, et. al. | ||
| Richard W Hughes Counsel of Record | Rothstein Donatelli LLP 1215 Paseo de Peralta Santa Fe, NM 87501 RWHUGHES@ROTHSTEINLAW.COM | 505-988-8004 |
| Party name: Prof. Daniel McCool, Prof. Ezra Rosser, and Prof. David Wilkins | ||
| Lawrence A. Kogan Counsel of Record | The Kogan Law Group, P.C. 100 United Nations Plaza Suite 14F New York, NY 10017 lkogan@koganlawgroup.com | 917-565-1521 |
| Party name: Citizens Equal Rights Foundation | ||
| Jeremy Charles Marwell Counsel of Record | Vinson & Elkins LLP 2200 Pennsylvania Avenue, NW, Suite 500W Washington, DC 20037 jmarwell@velaw.com | 202-639-6507 |
| Party name: Western Water Users and Trade Associations | ||
| Leonard Ritchie Powell Counsel of Record | Jenner & Block LLP 1099 New York Ave NW Suite 900 Washington, DC 20001 LEONARDPOWELL@JENNER.COM | 202-639-6000 |
| Party name: Historians | ||
| Thomas Harrold Shipps Counsel of Record | Maynes, Bradford, Shipps et al 835 East Second Avenue Suite 123 Durango, CO 81301 TSHIPPS@MBSSLLP.COM | (970) 247-1755 |
| Party name: Southern Ute Indian Tribe and Ute Mountain Ute Tribe | ||
| Heather Daphne Whiteman Runs Him Counsel of Record | Rogers College of Law, University of Arizona 1145 N Mountain Ave PO Box 210176 Tucson, AZ 85721 WHITEMANRUNSHIM@ARIZONA.EDU | 5206269762 |
| Party name: Tribal Nations and Indian Organizations | ||