No. 23-1053

Cletus Woodrow Bohon, et al. v. Federal Energy Regulatory Commission, et al.

Lower Court: District of Columbia
Docketed: 2024-03-26
Status: Denied
Type: Paid
Amici (2)Response Waived
Tags: administrative-state agency-authority civil-procedure constitutional-challenge jurisdictional-dispute kelo non-delegation-doctrine separation-of-powers takings
Latest Conference: 2024-05-16
Question Presented (from Petition)

Whether this Non-Delegation Doctrine challenge to the constitutional authority of an agency was properly filed in district court, or whether an agency order extinguishes district court jurisdiction?

Whether non-party plaintiffs are precluded from raising constitutional challenges because the district court loses jurisdiction the minute a different plaintiff files a different case with the agency?

Whether §324 of the Fiscal Responsibility Act, enacted to bypass environmental cases in the Fourth Circuit, strips jurisdiction over this constitutional case, too, even though this Court has never allowed Congress to strip courts of jurisdiction to police its constitutional violations? If the inquiry does not end there, whether §324 is unconstitutional?

Question Presented (AI Summary)

Whether this Non-Delegation Doctrine challenge to the constitutional authority of an agency was properly filed in district court, or whether an agency order extinguishes district court jurisdiction?

Docket Entries

2024-05-20
Petition DENIED.
2024-05-10
Letter dated may 8, 2024 from counsel for petitioners received.
2024-04-30
DISTRIBUTED for Conference of 5/16/2024.
2024-04-25
Waiver of right of respondent Mountain Valley Pipeline, LLC to respond filed.
2024-04-25
2024-04-25
Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
2024-04-11
Waiver of right of respondent Federal Energy Regulatory Commission to respond filed.
2024-03-22

Attorneys

Claremont Institute's Center for Constitutional Jurisprudence
Anthony Thomas CasoConstitutional Counsel Group, Amicus
Cletus Woodrow Bohon, et al.
Mia YugoYugo Collins, PLLC, Petitioner
Federal Energy Regulatory Commission
Elizabeth B. PrelogarSolicitor General, Respondent
Mountain Valley Pipeline, LLC
Jeremy Charles MarwellVinson & Elkins LLP, Respondent
Young America’s Foundation
Brooks E. HarlowTechnology & Communications Law, PLLC, Amicus