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Ameren Corporation, et al. v. Federal Communications Commission, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 16-1683 · judgment July 31, 2017

Certiorari denied · April 30, 2018
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and a business petitioner.

Question presented

Whether the United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) improperly applied Chevron deference1 to a Federal Communications Commission (“FCC”) order under the Pole Attachments Act concluding that 47 U.S.C. § 224(d) and § 224(e), which unambiguously set forth two separate and different attachment rate formulas, can provide for identical rates where the FCC accorded the word “cost” in § 224(e) an infinite number of meanings unrelated to the surrounding statutory language? 1 See Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984).

Counsel of record

For petitioner
Charles A. Zdebski
Eckert Seamans Cherin & Mellott, LLC

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 3 conferences

Amicus briefs
2 cert-stage

Linked docket
17A439

Proceedings

  1. Apr 30 2018
    Petition DENIED.
  2. Apr 23 2018
    DISTRIBUTED for Conference of 4/27/2018.
  3. Apr 19 2018
    Rescheduled.
  4. Apr 16 2018
    DISTRIBUTED for Conference of 4/20/2018.
  5. Apr 11 2018
    Rescheduled.
  6. Mar 28 2018
    DISTRIBUTED for Conference of 4/13/2018.
  7. Mar 23 2018
    Reply of petitioners Ameren Corporation, et al. filed.
  8. Mar 09 2018
    Brief of respondents Federal Respondents in opposition filed.
  9. Jan 26 2018
    Motion to extend the time to file a response from February 7, 2018 to March 9, 2018, submitted to The Clerk.
  10. Jan 26 2018
    Motion to extend the time to file a response is granted and the time is extended to and including March 9, 2018.
  11. Jan 08 2018
    Brief amicus curiae of Utilities Technology Council filed.
  12. Jan 08 2018
    Brief amicus curiae of Texas Industrial Energy Consumers filed.
  13. Jan 04 2018
    Motion to extend the time to file a response is granted and the time is extended to and including February 7, 2018.
  14. Jan 03 2018
    Motion to extend the time to file a response from January 8, 2018 to February 7, 2018, submitted to The Clerk.
  15. Jan 02 2018
    Blanket Consent filed by Federal Respondents.
  16. Dec 27 2017
    Blanket Consent filed by Petitioners, Ameren Corporation, et al.
  17. Nov 28 2017
    Petition for a writ of certiorari filed. (Response due January 8, 2018)
  18. Oct 20 2017
    Application (17A439) granted by Justice Gorsuch extending the time to file until November 28, 2017.
  19. Oct 19 2017
    Application (17A439) to extend the time to file a petition for a writ of certiorari from October 29, 2017 to December 14, 2017, submitted to Justice Gorsuch.