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Orus Ashby Berkley, et al. v. Federal Energy Regulatory Commission, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-1042 · judgment July 25, 2018

Certiorari denied · January 22, 2019

Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Fourth Circuit decision below.

Question presented

I. Is a delegation of Congressional power an “agency order” or “agency action” such that a party wishing to challenge that delegation must file that challenge with the agency under the administrative review scheme of 15 U.S.C. § 717r, or is the proper forum for constitutional challenges the district court? II. Is an administrative agency’s test for determining “public use” for purposes of eminent domain an “agency order” such that a party wishing to challenge that test as unconstitutional must file that challenge with the agency and adhere to its administrative review scheme, or is the proper forum for constitutional challenges the district court?

Counsel of record

For petitioner
Guy M. Harbert III
GENTRY LOCKE

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
18A599

Proceedings

Jan 22 2019
Petition DENIED.
Jan 02 2019
DISTRIBUTED for Conference of 1/18/2019.
Dec 26 2018
Reply of petitioners Orus Ashby Berkley, et al. filed.
Dec 19 2018
Brief of Mountain Valley Pipeline, LLC in opposition not accepted for filing. (December 19, 2018) (Corrected electronic filing submitted December 19, 2018)
Dec 19 2018
Brief of respondent Federal Energy Regulatory Commission in opposition filed.
Dec 19 2018
Brief of respondent Mountain Valley Pipeline, LLC in opposition filed.
Dec 11 2018
Application (18A599) denied by The Chief Justice.
Dec 06 2018
Petitioners' Motion 30.4 for Review by Court of Orus Ashby Berkley, et al. not accepted for filing. (December 07, 2018 - Motion resubmitted as an application)
Dec 06 2018
Application (18A599) for reconsideration of Clerk's action extending the time to file a response to the petition for a writ of certiorari, submitted to The Chief Justice.
Nov 30 2018
The motions to extend the time to file responses are granted in part; the time is extended to and including December 19, 2018, for all respondents.
Nov 29 2018
Brief amicus curiae of The Rutherford Institute filed.
Nov 28 2018
Response to motion from petitioner Orus Ashby Berkley, et al. filed.
Nov 27 2018
Motion to extend the time to file a response from November 29, 2018 to December 31, 2018, submitted to The Clerk.
Nov 27 2018
Motion to extend the time to file a response from November 29, 2018 to December 31, 2018, submitted to The Clerk.
Oct 23 2018
Petition for a writ of certiorari filed. (Response due November 29, 2018)