No. 23A731

Public Utilities Commission of Ohio v. Federal Energy Regulatory Commission, et al.

Lower Court: Third Circuit
Docketed: 2024-02-07
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: administrative-law agency-action capacity-auctions ferc judicial-review state-subsidies
Latest Conference: N/A
Question Presented (from Petition)

When an agency deadlocks over a decision, and Congress tells courts that a deadlock is agency action that is reviewable in court, should a court faced with that command pick one side of the deadlock and credit the views of those agency members, or should it equally weigh the views that gained an equal share of the vote?

Question Presented (AI Summary)

Whether a federal agency's deadlocked vote constitutes final agency action subject to judicial review and, if so, how courts should evaluate and resolve such split decisions under administrative law

Docket Entries

2024-02-12
Application (23A731) granted by Justice Alito extending the time to file until March 29, 2024.
2024-02-02
Application (23A731) to extend the time to file a petition for a writ of certiorari from February 29, 2024 to March 29, 2024, submitted to Justice Alito.

Attorneys

Federal Energy Regulatory Commission, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Public Utilities Commission of Ohio
Michael Jason HendershotOhio Attorney General's Office, Petitioner