No. 22-565
USP Holdings, Inc., et al. v. United States, et al.
Tags: administrative-procedure-act agency-action arbitrary-and-capricious judicial-review national-security section-232 tariff-authority trade-expansion-act
Key Terms:
AdministrativeLaw Arbitration Securities
AdministrativeLaw Arbitration Securities
Latest Conference:
2023-03-24
Question Presented (from Petition)
1. Did the Federal Circuit err in holding that the
Secretary's "final agency action" which determined that
imports of steel "threaten to impair the national security"
is not subject to arbitrary and capricious review as
prescribed by the APA?
2. Did the Federal Circuit correctly interpret the
explicit Congressional requirement of Section 232 that
the Secretary must find that imports "threaten to impair"
national security?
Question Presented (AI Summary)
Did the Federal Circuit err in holding that the Secretary's 'final agency action' which determined that imports of steel 'threaten to impair the national security' is not subject to arbitrary and capricious review as prescribed by the APA?
Docket Entries
2023-03-27
Petition DENIED.
2023-03-08
DISTRIBUTED for Conference of 3/24/2023.
2023-03-02
Reply of petitioners USP Holdings, Inc., et al. filed.
2023-02-21
Brief of respondents United States, et al. in opposition filed.
2023-01-05
Motion to extend the time to file a response is granted and the time is extended to and including February 21, 2023. See Rule 30.1.
2023-01-04
Motion to extend the time to file a response from January 19, 2023 to February 20, 2023, submitted to The Clerk.
2022-12-13
Petition for a writ of certiorari filed. (Response due January 19, 2023)
2022-11-07
Application (22A403) granted by The Chief Justice extending the time to file until December 16, 2022.
2022-11-01
Application (22A403) to extend the time to file a petition for a writ of certiorari from November 16, 2022 to December 16, 2022, submitted to The Chief Justice.
Attorneys
United States, et al.
Elizabeth B. Prelogar — Solicitor General, Respondent
USP Holdings, Inc, et al.
Lewis Evart Leibowitz — The Law Office of Lewis E. Leibowitz, Petitioner