John R. Sand and Gravel Company v. United States
John R. Sand and Gravel Company v. United States presented a question to the U.S. Supreme Court concerning whether a court could, on its own motion, deny a claim based on a jurisdictional requirement, if the Government had previously waived the argument in a lower court.
Background
The company had several mining leases, which it claimed were being unduly interfered with by various Federal agencies, among them the Environmental Protection Agency. Thus, the company sued in the United States Court of Federal Claims claiming that those actions amounted to a "taking" under the Constitution.
Initially in its response, the Government argued that the company lacked jurisdiction as it failed to file the suit within six years after knowing that it had a potential claim. However, during oral argument, the Government conceded the timeliness argument, and would ultimately prevail on the merits of its defense.
The company then appealed to the United States Court of Appeals for the Federal Circuit. The Government responded but never made any argument on the timeliness issue. However, an amicus brief brought attention to that issue, which led the court to rule on the matter, and ruled that the suit was untimely.
The company sought certiorari before the Supreme Court, which was granted.
Decision
Justice Breyer wrote the opinion for the majority, joined by Chief Justice Roberts, and Justices Scalia, Kennedy, Souter, Thomas, and Alito, upholding the decision that the suit was untimely, and ruled that a court has the obligation to determine jurisdiction on any case even if neither party brings the matter to the court's attention or waives the argument.
Justice Stevens wrote a dissenting opinion, joined by Justice Ginsburg, who also wrote her own dissenting opinion. Both dissents argued that the majority's ruling was inconsistent with prior decisions of the Court regarding timeliness issues.