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Cletus Woodrow Bohon, et al. v. Federal Energy Regulatory Commission, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 20-5203 · judgment June 21, 2022

GVR'd · April 24, 2023
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether a facial challenge to Congress’s delegation of eminent domain power to private parties is properly filed in district court, as this Court held in PennEast Pipeline Co. v. New Jersey, 141 S. Ct. 2244 (2021), or with FERC, which has admitted it has no jurisdiction to adjudicate the constitutionality of this delegation. Whether a facial challenge to Congress’s overly broad delegation of legislative power to FERC is properly filed in district court or with FERC, which has admitted it has no jurisdiction to adjudicate the constitutionality of this delegation. Whether a facial challenge to Congress’s delegation of eminent domain power to FERC is properly filed in district court or with FERC, which has admitted it has no jurisdiction to adjudicate the constitutionality of this delegation.

Counsel of record

For petitioner
Sydney Paige Phillips

For respondent
Jeremy Charles Marwell
Vinson & Elkins LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. May 26 2023
    Judgment issued.
    Main Document
  2. Apr 24 2023
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Axon Enterprise, Inc. v. FTC, 598 U. S. ___ (2023).
  3. Apr 19 2023
    Supplemental brief of respondent Mountain Valley Pipeline, LLC filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  4. Apr 18 2023
    Supplemental brief of respondents Federal Energy Regulatory Commission, et al. filed. (Distributed)
    Main DocumentProof of Service
  5. Apr 17 2023
    DISTRIBUTED for Conference of 4/21/2023.
  6. Apr 17 2023
    Supplemental brief of petitioners Cletus Woodrow Bohon, et al. filed. (Distributed)
    Main Document
  7. Dec 08 2022
    Response to motion from respondent Mountain Valley Pipeline, LLC filed. (Distributed)
    Main DocumentProof of Service
  8. Dec 07 2022
    DISTRIBUTED for Conference of 1/6/2023.
  9. Dec 02 2022
    Reply of petitioners Cletus Woodrow Bohon, et al. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  10. Dec 02 2022
    Motion to defer consideration of the petition for a writ of certiorari filed by petitioners.
    Main Document
  11. Nov 18 2022
    Brief of respondent Federal Energy Regulatory Commission in opposition filed.
    Main DocumentProof of Service
  12. Nov 18 2022
    Brief of respondent Mountain Valley Pipeline, LLC in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  13. Oct 14 2022
    Brief amicus curiae of Center for Constitutional Jurisprudence filed.
    Main DocumentProof of ServiceCertificate of Word Count
  14. Oct 07 2022
    Blanket Consent filed by Petitioner, Cletus Woodrow Bohon, et al.
    Blanket Consent
  15. Sep 27 2022
    Motion of Mountain Valley Pipeline, LLC to extend the time to file a response is granted and the time is extended to and including November 18, 2022.
  16. Sep 26 2022
    Motion of Mountain Valley Pipeline, LLC to extend the time to file a response from October 19, 2022 to November 18, 2022, submitted to The Clerk.
    Main Document
  17. Sep 23 2022
    Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2022.
  18. Sep 21 2022
    Motion to extend the time to file a response from October 19, 2022 to November 18, 2022, submitted to The Clerk.
    Main Document
  19. Sep 15 2022
    Petition for a writ of certiorari filed. (Response due October 19, 2022)
    PetitionAppendixCertificate of Word CountProof of Service