Supreme Court of the United States · Official docket →
Metal Conversion Technologies, LLC v. Department of Transportation
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 22-14140 · judgment July 27, 2023
Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and a business petitioner.
Question presented
When an aggrieved party petitions for judicial review of the Department of Transportation’s final action under the Hazardous Materials Transportation Act: “[t]he petition must be filed not more than 60 days after the Secretary’s action becomes final.” 49 U.S.C. § 5127(a). This Court has held that absent clear congressional intent to preclude tolling, nonjurisdictional statutory filing deadlines are subject to equitable tolling. Boechler, P.C. v. Comm’r of Internal Revenue, 596 U.S. 199, 208–09 (2022). As such, “an ordinary, nonjurisdictional deadline [is] subject to equitable tolling.” Id. at 211. In the per curiam decision below, the Eleventh Circuit assumed § 5127(a)’s 60-day deadline is not jurisdictional. It nonetheless held that Federal Rule of Appellate Procedure 26(b) precludes tolling of this statutory deadline. Rule 26(b), which has not changed since this Court’s adoption in 1967, states: “For good cause, the court may extend the time prescribed by these rules … . But the court may not extend the time to file … a petition to … review an order of an administrative agency, board, commission, or officer of the United States, unless specifically authorized by law.” The question presented is: 1. Whether Federal Rule of Appellate Procedure 26(b) precludes equitable tolling of 49 U.S.C. § 5127(a)’s ordinary and nonjurisdictional deadline to petition for review of an agency’s final action.
Counsel of record
For petitioner
Sheng Tao Li
New Civil Liberties Alliance
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Jun 24 2024Petition DENIED.
- Jun 04 2024DISTRIBUTED for Conference of 6/20/2024.
- Jun 04 2024Reply of petitioner Metal Conversion Technologies, LLC filed. (Distributed)
- May 15 2024Brief of respondent Department of Transportation in opposition filed.
- Apr 05 2024Motion to extend the time to file a response is granted and the time is further extended to and including May 15, 2024.
- Apr 04 2024Motion to extend the time to file a response from April 15, 2024 to May 15, 2024, submitted to The Clerk.
- Mar 14 2024Brief amicus curiae of Pacific Legal Foundation filed.
- Mar 14 2024Brief amici curiae of National Federation of Independent Business Small Business Legal Center, Inc., et al. filed.
- Mar 01 2024Motion to extend the time to file a response is granted and the time is extended to and including April 15, 2024.
- Feb 29 2024Motion to extend the time to file a response from March 14, 2024 to April 15, 2024, submitted to The Clerk.
- Feb 09 2024Petition for a writ of certiorari filed. (Response due March 14, 2024)
- Feb 01 2024Application (23A581) denied by Justice Thomas.
- Jan 29 2024Application (23A581) to extend further the time from February 9, 2024 to March 8, 2024, submitted to Justice Thomas.
- Dec 27 2023Application (23A581) granted by Justice Thomas extending the time to file until February 9, 2024.
- Dec 19 2023Application (23A581) to extend the time to file a petition for a writ of certiorari from January 10, 2024 to February 9, 2024, submitted to Justice Thomas.