| 24-1262 |
RDFS, LLC v. Federal Energy Regulatory Commission, et al. |
Fourth Circuit |
2025-06-10 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
administrative-law agency-authority certificate-issuance judicial-review natural-gas-act statutory-interpretation |
Whether a court of appeals may defer to FERC on the threshold question of FERC's authority to issue blanket certificates without determining the legal… |
| 24-422 |
Schools, Health & Libraries Broadband Coalition, et al. v. Consumers' Research, et al. |
Fifth Circuit |
2024-10-15 |
Judgment Issued |
Relisted (2) |
administrative-law agency-authority contribution-rates nondelegation-doctrine telecommunications-act universal-service |
1. Whether Congress violated the nondelegation doctrine by authorizing the Commission to determine, within the limits set forth in Section 254, the am… |
| 24-257 |
Harley Marine Services, Incorporated v. Conrad Shipyard, L.L.C., et al. |
Fifth Circuit |
2024-09-06 |
Denied |
Response Waived |
agency-authority appellate-review clearly-erroneous contract-interpretation corporate-liability fifth-circuit-ruling |
Whether the Fifth Circuit violated the fundamental principle of appellate review that a finding of fact is clearly erroneous if there is no evidentiar… |
| 24A197 |
Talen Montana, LLC, et al. v. Environmental Protection Agency, et al. |
District of Columbia |
2024-08-22 |
Denied |
|
administrative-law agency-authority clean-air-act epa-regulation greenhouse-gas power-plant-emissions |
Question not identified. |
| 24A179 |
Westmoreland Mining Holdings LLC, et al. v. Environmental Protection Agency, et al. |
District of Columbia |
2024-08-19 |
Denied |
|
administrative-law agency-authority clean-air-act environmental-regulation epa-regulation greenhouse-gas |
Question not identified. |
| 24A116 |
Edison Electric Institute, et al. v. Environmental Protection Agency, et al. |
District of Columbia |
2024-07-31 |
Denied |
Amici (1) |
administrative-law agency-authority clean-air-act electric-power-industry epa-regulation greenhouse-gas |
Question not identified. |
| 24A102 |
Valley Health System, LLC, dba Desert Springs Hospital Medical Center, et al. v. National Labor Relations Board |
Ninth Circuit |
2024-07-29 |
Presumed Complete |
|
administrative-law agency-authority chevron-deference judicial-review nlrb-decision statutory-interpretation |
Question not identified. |
| 24A96 |
National Rural Electric Cooperative v. Environmental Protection Agency, et al. |
District of Columbia |
2024-07-26 |
Denied |
Amici (1) |
administrative-overreach agency-authority clean-air-act electric-power epa-regulation statutory-interpretation |
Question not identified. |
| 24A97 |
National Mining Association and America's Power v. Environmental Protection Agency, et al. |
District of Columbia |
2024-07-26 |
Denied |
Amici (1) |
administrative-law agency-authority clean-air-act epa-regulations greenhouse-gas power-plant-emissions |
Question not identified. |
| 23-1300 |
Nuclear Regulatory Commission, et al. v. Texas, et al. |
Fifth Circuit |
2024-06-12 |
Judgment Issued |
|
administrative-law agency-authority agency-review atomic-energy-act hobbs-act nuclear-regulatory-commission spent-nuclear-fuel standing statutory-authority |
1. Whether the Hobbs Act, 28 U.S.C. 2341 et seq.,
which authorizes a "party aggrieved" by an agency's "final order" to petition for review in a court … |
| 23-1053 |
Cletus Woodrow Bohon, et al. v. Federal Energy Regulatory Commission, et al. |
District of Columbia |
2024-03-26 |
Denied |
Amici (2)Response Waived |
administrative-state agency-authority civil-procedure constitutional-challenge jurisdictional-dispute kelo non-delegation-doctrine separation-of-powers takings |
Whether this Non-Delegation Doctrine challenge to the constitutional authority of an agency was properly filed in district court, or whether an agency… |
| 23A766 |
Purdue Pharma L.P., et al. v. Collegium Pharmaceutical, Inc. |
Federal Circuit |
2024-02-22 |
Denied |
|
administrative-agency agency-authority jurisdictional-interpretation patent-review statutory-construction statutory-deadline |
Question not identified. |
| 23-620 |
Dominique Gerald Burns v. South Carolina Department of Social Services |
South Carolina |
2023-12-08 |
Denied |
Response Waived |
administrative-agency administrative-law agency-authority civil-procedure constitutional-provisions due-process judicial-authority jurisdiction jurisdiction-challenge procedural-due-process standing state-agency |
1. WHETHER THE COURT OF APPEALS
ERRED IN ITS RULING WHEN IT FAILED TO
PROTECT THE APPELLANT 'S PROCEDULE
DUE PROCESS.
2. WHETHER STATE ADMINISTRAT… |
| 23A384 |
United States Steel Corporation v. Environmental Protection Agency, et al. |
District of Columbia |
2023-10-31 |
Presumed Complete |
|
administrative-law agency-authority clean-air-act environmental-regulation epa-rulemaking interstate-pollution |
Question not identified. |
| 23A351 |
American Forest & Paper Association, et al. v. Environmental Protection Agency, et al. |
District of Columbia |
2023-10-18 |
Presumed Complete |
|
administrative-law agency-authority clean-air-act emissions-standards epa-regulation statutory-interpretation |
Question not identified. |
| 23-5202 |
Aaron Abadi, et al. v. Transportation Security Administration |
District of Columbia |
2023-07-26 |
Denied |
Response WaivedIFP |
administrative-law agency-authority air-carrier-access-act congressional-intent covid-19 health-regulations major-questions-doctrine pandemic-response statutory-interpretation transportation-security tsa-authority |
The Transportation Security Administration "TSA " was created by 1)
Congress after the terrorist attacks on September 11 to protect the
American peopl… |
| 23-22 |
Save Jobs USA v. Department of Homeland Security, et al. |
District of Columbia |
2023-07-06 |
Denied |
|
administrative-law agency-authority department-of-homeland-security employment-authorization executive-power immigration-law major-questions-doctrine nonimmigrant-visas statutory-interpretation |
1. Are the statutory terms defining nonimmigrant visas in 8 U.S.C. § 1101(a)(15) mere threshold entry requirements that cease to apply once an alien i… |
| 22-969 |
City of Santa Maria, California, et al. v. San Luis Obispo Coastkeeper, et al. |
Ninth Circuit |
2023-04-06 |
Denied |
Response Waived |
agency-authority agency-discretion cooperative-federalism federal-statute nondelegation-doctrine separation-of-powers state-water-rights statutory-interpretation water-rights |
1. Whether the nondelegation doctrine and separation of powers prevent courts from interpreting a federal statute's "and other purposes" clause to inv… |
| 22-679 |
NYC C.L.A.S.H., Inc., et al. v. Marcia L. Fudge, Secretary of Housing and Urban Development, et al. |
District of Columbia |
2023-01-23 |
Denied |
Response Waived |
agency-authority constitutional-avoidance due-process federalism fourth-amendment housing-regulation public-housing smoking-ban spending-clause |
1. Whether HUD lacks authority to adopt or enforce its smoking ban as a means to ensure "safe and habitable" public housing.
2. Whether the lower cou… |
| 22-258 |
Wayne B. Holstad, et al. v. Department of Labor |
Eighth Circuit |
2022-09-20 |
Denied |
Response Waived |
administrative-law agency-authority civil-procedure civil-rights constitutional-interpretation due-process judicial-review statute-of-limitations takings |
1. The Petitioners have argued that due process requires that there be a statute of limitations applicable to the claims made by the Department of Lab… |
| 22-33 |
Jonathan Corbett v. Transportation Security Administration, et al. |
District of Columbia |
2022-07-12 |
Denied |
|
administrative-law agency-authority civil-rights due-process mootness pandemic-response public-health-mandate standing statutory-interpretation |
1. Is a pandemic related public health mandate within the statutory authority granted by Congress to the U.S. Transportation Security Administration?
… |
| 22-25 |
Roy Lynn McCutchen, et al. v. United States |
Federal Circuit |
2022-07-08 |
Denied |
Amici (2) |
agency-authority agency-rulemaking fifth-amendment government-power legislative-delegation legislative-rulemaking personal-property physical-taking property-rights redressability takings-clause |
For purposes of the Fifth Amendment's Taking Clause, does a delegation of general legislative rulemaking authority to an agency constitute an inherent… |
| 21-1316 |
In Re Darru Hsu |
|
2022-04-01 |
Denied |
|
agency-authority chevron-deference class-action constitutional-rights federal-arbitration-act finra finra-arbitration fraud investment-advisers-act judicial-review |
Federal Arbitration Act (FAA) contradicts Investment Advisers Act (IAA) when fraud is inside an investment contract. All investors therefor are entitl… |
| 21-82 |
Alpine Securities Corporation v. Securities and Exchange Commission |
Second Circuit |
2021-07-21 |
Denied |
Amici (2) |
administrative-law agency-authority bank-secrecy-act enforcement-authority mens-rea sec-enforcement securities-and-exchange-commission securities-exchange-act statutory-interpretation treasury-department |
In enacting and amending the Bank Secrecy Act (BSA), Congress vested the Secretary of the Treasury with the authority to administer, interpret, and en… |
| 20-1778 |
Westmoreland Mining Holdings LLC v. Environmental Protection Agency, et al. |
District of Columbia |
2021-06-23 |
Judgment Issued |
Amici (1)Relisted (4) |
administrative-law agency-authority carbon-emissions clean-air-act clean-power-plan energy-policy environmental-regulation epa hazardous-air-pollutants section-111(d) section-112 statutory-interpretation |
1. Whether EPA may employ 42 U.S.C. § 7411(d) to impose standards of performance on existing stationary sources that are regulated under the "hazardou… |
| 20-1531 |
The North American Coal Corporation v. Environmental Protection Agency, et al. |
District of Columbia |
2021-05-04 |
Judgment Issued |
Amici (1)Relisted (4) |
administrative-law agency-authority carbon-dioxide-emissions carbon-emissions clean-air-act clean-power-plan environmental-regulation epa epa-regulation generation-shifting power-plants |
Whether 42 U.S.C. § 7411(d), which authorizes the EPA to impose standards "for any existing source" based on limits "achievable through the applicatio… |
| 19-8648 |
Vernon Wayne McNeal v. Fleming, C/O, et al. |
Ninth Circuit |
2020-06-09 |
Denied |
Response WaivedRelisted (2)IFP |
administrative-law administrative-penalties agency-authority civil-procedure due-process jurisdiction regulatory-compliance standing statute-of-limitations statutory-interpretation three-strikes |
(a) congress did not includ a statute of Limitation inside 28 u.s.C. Revok2 a jndien+ in1 trree strikes.
(b) Congress did not State in 28 us,C, 1915(… |
| 19-1310 |
Craig R. Jalbert, in His Capacity as Trustee of the F2 Liquidating Trust v. Securities and Exchange Commission |
First Circuit |
2020-05-21 |
Denied |
Response Waived |
administrative-law agency-authority civil-rights disgorgement due-process judicial-review legislative-power penalty-enforcement securities separation-of-powers statutory-interpretation statutory-penalties |
Whether a federal government agency commits a structural separation-of-powers violation of exercising a legislative function when, in addition to expl… |
| 19-1212 |
Alejandro N. Mayorkas, Secretary of Homeland Security, et al. v. Innovation Law Lab, et al. |
Ninth Circuit |
2020-04-14 |
Judgment Issued |
Amici (13) |
administrative-law administrative-procedure agency-authority border-policy due-process immigration-law non-refoulement notice-and-comment preliminary-injunction statutory-interpretation |
This case concerns a Department of Homeland Security (DHS) policy, known as the Migrant Protection Protocols (MPP), which applies to aliens who have n… |
| 19-1115 |
American Bankers Association v. National Credit Union Administration |
District of Columbia |
2020-03-11 |
Denied |
Amici (4) |
administrative-law agency-authority agency-discretion chevron-deference delegation-of-authority local-community regulatory-definition separation-of-powers statutory-interpretation |
When a statute expressly directs an agency to define a statutory term, does the delegation expand the scope of the agency's authority at Chevron step … |
| 19-6725 |
Richard A. Wellbeloved-Stone v. United States |
Fourth Circuit |
2019-11-22 |
Denied |
Response WaivedIFP |
19-usc-1509 agency-authority agency-procedure civil-procedure criminal-procedure criminal-proceeding customs-summons exclusionary-rule federal-law federal-policy ice non-customs-information |
Whether information having nothing to do with customs, obtained by an agency pursuant to a customs summons under 19 U.S.C. § 1509, should be suppresse… |
| 19-6018 |
Joey Little v. United States |
Eleventh Circuit |
2019-09-20 |
Denied |
Response WaivedIFP |
administrative-law agency-authority congressional-oversight criminal-law judicial-review magazine-based-enhancement regulatory-interpretation sentencing-guidelines sentencing-guidelines-2k2.1 statutory-construction statutory-interpretation u.s-sentencing-commission unlawful-exercise |
Whether Application Note 2 of the commentary to U.S. Sentencing Guideline § 2K2.1 represents an unlawful exercise of agency authority by the U.S. Sent… |
| 18-743 |
White Oak Realty, LLC, et al. v. Army Corps of Engineers, et al. |
Fifth Circuit |
2018-12-11 |
Denied |
Response Waived |
agency-action agency-authority chevron-deference congressional-authority federal-contracts property-rights public-projects regulatory-authority statutory-interpretation unconstitutional-conditions |
1. Where a statute directs an agency to carry out
and pay for a federal project for public benefit
without granting express authority to regulate
priv… |
| 18-131 |
Troy Lyndon v. Securities and Exchange Commission |
Ninth Circuit |
2018-07-31 |
Denied |
Response Waived |
agency-action agency-authority agency-enforcement civil-enforcement civil-procedure civil-rights discovery due-process evidence-withholding exculpatory-evidence judicial-discretion settlement-agreement |
Did the District Court err in allowing an agency of the United States to contest and withhold exculpatory evidence when prosecuting a civil enforcemen… |
| 18-139 |
Thomas E. Freeman, Jr. v. North Carolina Department of Health and Human Services |
North Carolina |
2018-07-31 |
Denied |
Response WaivedRelisted (2) |
administrative-law administrative-procedure agency-authority arbitrary-and-capricious civil-rights due-process equal-justice equal-protection exceeded-authority judicial-review prejudiced-rights procedural-rights state-action state-agency state-employee |
May a court deny due-process of Law and equal justice under the Law of a State employee, when it is suspected that a State agency, may have: prejudice… |