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White Oak Realty, LLC, et al. v. Army Corps of Engineers, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-30438 · judgment July 11, 2018

Certiorari denied · February 19, 2019
Pre-decision estimate: 4% cert probability

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

Questions presented

  1. Where a statute directs an agency to carry out and pay for a federal project for public benefit without granting express authority to regulate private parties, may agency action shifting project costs onto private parties be upheld by application of Chevron deference?

  2. Does the unconstitutional conditions doctrine to protect private property rights apply in the context of federal government contracts and subcontracts?

Counsel of record

For petitioner
William Pinkney Herbert Cary
Brooks Pierce McLendon Humphrey & Leonard, LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 19 2019
    Petition DENIED.
  2. Jan 23 2019
    DISTRIBUTED for Conference of 2/15/2019.
  3. Jan 10 2019
    Waiver of United States Army Corps of Engineers, et al. of right to respond not accepted for filing. (January 10, 2019)
  4. Jan 10 2019
    Waiver of right of respondent United States Army Corps of Engineers, et al. to respond filed.
  5. Dec 10 2018
    Petition for a writ of certiorari filed. (Response due January 10, 2019)