Supreme Court of the United States · Official docket →
Public Utilities Commission of Ohio v. Federal Energy Regulatory Commission, et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 21-3243 · judgment December 1, 2023
Certiorari denied · October 7, 2024
Pre-decision estimate: 17% cert probability (95% interval 10%–27%)
Before the decision, about 4.1× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a state or local-government petitioner, and a circuit split argued in the petition.
Question presented
Should courts apply the same deferential standard of review that they apply to rules that become effective by order of the Federal Energy Regulatory Commission to rules that lack majority support and instead take effect by operation of law?
Counsel of record
For petitioner
Michael Jason Hendershot
Ohio Attorney General's Office
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Oct 07 2024Petition DENIED.
- Jun 18 2024DISTRIBUTED for Conference of 9/30/2024.
- Jun 12 2024Reply of petitioner Public Utilities Commission of Ohio filed.
- Jun 12 2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- May 31 2024Brief of respondent Federal Energy Regulatory Commission in opposition filed.
- May 31 2024Brief of Respondent Intervenors in opposition filed.
- May 02 2024The motions to extend the time to file responses are granted and the time is extended to and including May 31, 2024, for all respondents.
- May 01 2024Motion of the Solicitor General to extend the time to file a response from May 1, 2024 to May 31, 2024, submitted to The Clerk.
- May 01 2024Motion of Constellation Energy Corporation, et al. to extend the time to file a response from May 1, 2024 to May 31, 2024, submitted to The Clerk.
- Mar 28 2024Petition for a writ of certiorari filed. (Response due May 1, 2024)
- Feb 12 2024Application (23A731) granted by Justice Alito extending the time to file until March 29, 2024.
- Feb 02 2024Application (23A731) to extend the time to file a petition for a writ of certiorari from February 29, 2024 to March 29, 2024, submitted to Justice Alito.