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Total Gas & Power North America, Incorporated, et al. v. Federal Energy Regulatory Commission, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 16-20642 · judgment July 10, 2017

Certiorari denied · June 18, 2018
Pre-decision estimate: 12% cert probability (95% interval 8%–17%)

Before the decision, about 2.9× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, counsel with five or more prior petitions here, and a circuit split argued in the petition.

Question presented

Whether forcing an entity to defend claims for civil liability and penalties in an ultra vires agency proceeding, when “exclusive jurisdiction” of those claims lies in federal district court, presents a ripe case or controversy under Article III and the Declaratory Judgment Act as to the proper forum for adjudication.

Counsel of record

For petitioner
Miguel A. Estrada
Gibson, Dunn & Crutcher LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Linked docket
17A477

Proceedings

  1. Jun 18 2018
    Petition DENIED.
  2. May 29 2018
    DISTRIBUTED for Conference of 6/14/2018.
  3. May 25 2018
    Reply of petitioners Total Gas & Power North America, Inc., et al. filed.
  4. May 11 2018
    Brief of respondents Federal Energy Regulatory Commission, et al. in opposition filed.
  5. May 11 2018
    Brief of Federal Energy Regulatory Commission, et al. in opposition not accepted for filing. (May 11, 2018)
  6. May 11 2018
    Brief of Federal Energy Regulatory Commission, et al. in opposition not accepted for filing. (July 23, 2018)
  7. Apr 10 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including May 11, 2018.
  8. Apr 09 2018
    Motion to extend the time to file a response from April 11, 2018 to May 11, 2018, submitted to The Clerk.
  9. Mar 12 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including April 11, 2018.
  10. Mar 09 2018
    Motion to extend the time to file a response from March 12, 2018 to April 11, 2018, submitted to The Clerk.
  11. Feb 07 2018
    Motion to extend the time to file a response is granted and the time is extended to and including March 12, 2018.
  12. Feb 06 2018
    Motion to extend the time to file a response from February 8, 2018 to March 12, 2018, submitted to The Clerk.
  13. Jan 05 2018
    Petition for a writ of certiorari filed. (Response due February 8, 2018)
  14. Nov 22 2017
    Application (17A477) to extend further the time from December 6, 2017 to January 5, 2018, submitted to Justice Alito.
    Written RequestProof of Service
  15. Nov 22 2017
    Application (17A477) granted by Justice Alito extending the time to file until January 5, 2018.
  16. Oct 30 2017
    Application (17A477) granted by Justice Alito extending the time to file until December 6, 2017.
  17. Oct 27 2017
    Application (17A477) to extend the time to file a petition for a writ of certiorari from November 6, 2017 to January 5, 2018, submitted to Justice Alito.