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United Source One, Inc. v. Department of Agriculture, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 16-1209 · judgment August 4, 2017

Certiorari denied · March 26, 2018
Pre-decision estimate: 7% cert probability (95% interval 4%–11%)

Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a dissent in the court below (flagged in the petition), and a business petitioner.

Questions presented

  1. Have respondents subverted the rulemaking process of the Administrative Procedure Act when they arbitrarily and capriciously enforced against petitioner a nonexistent new “rule” about its meat export business which they announced without notice and comment as required by the APA?

  2. Does respondents’ procedurally invalid enforcement of a new “rule” against petitioner deny it due process by giving regulatory power to its private, selfinterested competitors?

Counsel of record

For petitioner
Dennis P. Derrick

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 26 2018
    Petition DENIED.
  2. Mar 07 2018
    DISTRIBUTED for Conference of 3/23/2018.
  3. Mar 02 2018
    Waiver of right of respondents Department of Agriculture, et al. to respond filed.
  4. Jan 24 2018
    Petition for a writ of certiorari filed. (Response due March 2, 2018)