No. 23A497

KC Transport, Inc. v. Julie A. Su, Acting Secretary, Department of Labor, et al.

Lower Court: District of Columbia
Docketed: 2023-12-01
Status: Presumed Complete
Type: A
Tags: administrative-law agency-interpretation chevron-deference mine-safety national-cement-doctrine statutory-ambiguity
Latest Conference: N/A
Question Presented (from Petition)

Whether the D.C. Circuit's National Cement doctrine—under which a court must remand to the agency for a revised interpretation of a statute that the agency originally claimed to be unambiguous but which the court subsequently determines to be ambiguous, for the express purpose of then deferring to that revised interpretation after remand—is unconstitutional or otherwise impermissible.

Whether the doctrine of Chevron deference should be overruled or clarified.

Whether a truck or a truck maintenance yard that is not located at an extraction site, on an appurtenant road, or at a processing facility, is a "mine" under 30 U.S.C. § 802(h)(1).

Question Presented (AI Summary)

Whether the National Cement doctrine of judicial remand for agency reinterpretation is unconstitutional and whether Chevron deference should be overruled or clarified

Docket Entries

2023-12-05
Application (23A497) granted by The Chief Justice extending the time to file until February 12, 2024.
2023-11-29
Application (23A497) to extend the time to file a petition for a writ of certiorari from January 1, 2024 to February 12, 2024, submitted to The Chief Justice.

Attorneys

KC Transport, Inc.
Aditya DynarPacific Legal Foundation, Petitioner
Secretary of Labor, Mine Safety and Health Administration, et al.
Elizabeth B. PrelogarSolicitor General, Respondent