No. 23-133

Arlen Foster v. Department of Agriculture, et al.

Lower Court: Eighth Circuit
Docketed: 2023-08-15
Status: GVR
Type: Paid
Amici (2)Relisted (2) Experienced Counsel
Tags: administrative-law agency-review agriculture chevron-deference environmental-law statutory-interpretation swampbuster-provision wetlands wetlands-certification
Key Terms:
AdministrativeLaw Securities
Latest Conference: 2024-07-01 (distributed 2 times)
Question Presented (from Petition)

1. Whether a statute that provides that a wetlands certification "remain[s] valid and in effect ... until such time as the person affected by the certification requests review of the certification" requires an agency to treat a certification as invalid and not in effect when a person affected by that certification requests review.

2. Whether the Court should overrule Chevron.

Question Presented (AI Summary)

Whether a statute that provides that a wetlands certification 'remain[s] valid and in effect ... until such time as the person affected by the certification requests review of the certification' requires an agency to treat a certification as invalid and not in effect when a person affected by that certification requests review

Docket Entries

2024-08-05
Judgment Issued.
2024-07-02
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Loper Bright Enterprises</i> v. <i>Raimondo</i>, 603 U. S. ___ (2024).
2024-06-28
DISTRIBUTED for Conference of 7/1/2024.
2023-11-29
DISTRIBUTED for Conference of 1/5/2024.
2023-11-15
2023-10-11
Motion to extend the time to file a response is granted and the time is further extended to and including November 15, 2023.
2023-10-10
Motion to extend the time to file a response from October 16, 2023 to November 15, 2023, submitted to The Clerk.
2023-09-14
2023-09-14
Brief amici curiae of National Federation of Independent Business Small Business Legal Center, Inc., et al. filed.
2023-08-31
Motion to extend the time to file a response is granted and the time is extended to and including October 16, 2023.
2023-08-29
Motion to extend the time to file a response from September 14, 2023 to October 16, 2023, submitted to The Clerk.
2023-08-10
Petition for a writ of certiorari filed. (Response due September 14, 2023)

Attorneys

American Farm Bureau Federation
Timothy S. BishopMayer Brown, LLP, Amicus
Arlen Foster
Jeffrey Wilson McCoyPacific Legal Foundation, Petitioner
National Federation of Independent Business Small Business Legal Center, Inc., Landmark Legal Foundation, Southeastern Legal Foundation, and the Buckeye Institute
Elizabeth Gaudio MilitoNFIB Small Business Legal Center, Inc., Amicus
U.S. Department of Agriculture, et al.
Elizabeth B. Prelogar — Respondent