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Lee Simmons v. Paul Daniel Smith, in His Official Capacity as Acting Director of the National Park Service, et al.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 16-3899 · judgment April 30, 2018
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 counsel who has filed here before.
Questions presented
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Whether an agency can advance an interpretation of a statute for the first time in litigation and then demand deference for its view under Chevron.
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Whether a court must judge a determination made by an administrative agency solely on the ground invoked and not by post hoc rationalization of the court, prompted by agency appellate counsel’s arguments first made in litigation.
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Whether the lower court erred in failing to hold the administrative agency to a burden of justification before restricting and devaluing the private property of a landowner, without compensation, under the Wild and Scenic River Act, 16 U.S.C. §§ 1271 et seq.
Counsel of record
For petitioner
Bartholomew L. McLeay
Kutak Rock, LLP
For respondent
Noel John Francisco
Jones Day
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 07 2019Petition DENIED.
- Nov 28 2018DISTRIBUTED for Conference of 1/4/2019.
- Nov 19 2018Waiver of right of respondent Paul Daniel Smith, et al. to respond filed.
- Oct 15 2018Petition for a writ of certiorari filed. (Response due November 19, 2018)