No. 23-1372

Dave Wayne Erlanson, Sr. v. Environmental Protection Agency

Lower Court: Ninth Circuit
Docketed: 2024-07-02
Status: Denied
Type: Paid
Response Waived
Tags: 9th-amendment bill-of-rights cause-of-action civil-rights constitutional-rights due-process environmental-protection-agency federal-mining-claim ninth-amendment section-1983
Key Terms:
Environmental SocialSecurity
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Can 42 U.S.C. § 1983 be considered a tort-claim-action

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Can 42 U.S.C. § 1983 be considered a tort claim action? 2. Can 42 U.S.C. § 1983 be considered a cause of action to sue the U.S. Environmental Protection Agency? . . 8. In consideration of the Ninth Amendment of the United States Constitution, can the U.S. EPA be held liable, under § 1983, for its enforcement actions, which deprived this citizen from availing himself of a privilege and immunity granted by the State of Idaho? ; 4, Can the U.S. EPA be held liable for suit under § 1983, because of its enforcement actions, which . deprive this citizen of his substantive private rights : written within the Bill of Rights? ; 5. Can the U.S. EPA be held liable for suit under § 1983 for violating and disregarding acts of Congress, which confer public rights upon this citizen’s use of ‘ water on his Federal mining claim? : | | ; | . ii LIST OF PROCEEDINGS United States Court of Appeals for the Ninth Circuit No. 22-35894 Dave Wayne Erlanson, Sr., v. U.S. Environmental Protection Agency, ; Defendant-Appellee. Memorandum Opinion: April 30, 2024 United States District Court for the District of Idaho No. 4:22-cv-00091-DCN David Erlanson, Plaintiff, v. U.S. Environmental ~Protection Agency, Defendant. Memorandum Decision: October 14, 2022 ‘ | | I iii .

Docket Entries

2024-10-07
Petition DENIED.
2024-07-17
DISTRIBUTED for Conference of 9/30/2024.
2024-07-11
Waiver of EPA of right to respond submitted.
2024-07-11
Waiver of right of respondent EPA to respond filed.
2024-06-27

Attorneys

Dave W. Erlanson
David Erlanson Sr. — Petitioner
David Erlanson Sr. — Petitioner
EPA
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent