U.S. Forest Service v. Cowpasture River Preservation Association

U.S. Supreme Court

Question(s) Presented

Whether the Forest Service has authority to grant rights-of-way under the Mineral Leasing Act through lands traversed by the Appalachian Trail within national forests.

Tab Group

Merits Stage

U.S. Chamber and aligned business groups urge U.S. Supreme Court to reverse lower court’s misinterpretation of the National Trails Act to eliminate the Forest Service’s authority to grant easements for infrastructure underneath national trails

December 9, 2019

Click here to view the coalition brief. Previously, the U.S. Chamber filed amicus briefs supporting cert. and urging the Fourth Circuit to grant rehearing en banc.

John C. Cruden of Beveridge and Diamond, P.C. served as co-counsel for the amici.

Petition Stage

Cert. granted

October 4, 2019

U.S. Chamber and coalition of business file amicus brief urging Supreme Court to review Fourth Circuit’s incorrect opinion that the Forest Service lacks authority to grant rights-of-way hundreds of feet underneath national trails

July 28, 2019

Click here to view the coalition brief. Previously, the Chamber filed a brief urging the Fourth Circuit to grant rehearing en banc.

John C. Cruden, Peter J. Schaumberg, and James M. Auslander of Beveridge and Diamond, P.C. served as co-counsel for the amici.

Case Documents

Cert. Petition -- U.S. Forest Service v. Cowpasture River Preservation Association (U.S. Supreme Court).pdf

Appendix -- U.S. Forest Service v. Cowpasture River Preservation Association (U.S. Supreme Court).pdf

U.S. Chamber, et. al Amicus Brief -- U.S. Forest Service v. Cowpasture River Preservation Association (U.S. Supreme Court).pdf

U.S. Chamber, et al. Amicus Brief (merits) -- U.S. Forest Service v. Cowpasture River Preservation Association (U.S. Supreme Court).pdf