Supreme Court of the United States · Official docket →
Jake's Fireworks, Inc. v. Consumer Product Safety Commission, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 23-1661 · judgment June 26, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Through a series of Notices of Non-Compliance and related communications, Respondent Consumer Product Safety Commission determined (a) that Petitioner Jake’s Fireworks’ common backyard fireworks are subject to certain regulations under the Federal Hazardous Substances Act and (b) that samples of Jake’s products are “banned hazardous substances” thereunder. These Notices, issued by the Commission’s Compliance Office on official Commission letterhead, also ordered destruction of Jake’s products and threatened significant civil and criminal penalties for non-compliance. After Jake’s requests for further administrative consideration were rejected, it sought judicial review under the Administrative Procedure Act. The Fourth Circuit affirmed the district court’s dismissal, reasoning—contrary to the holdings of this Court and other circuit courts—that only the Commission’s formal enforcement was reviewable under the APA. The question presented is whether judicial review under the Administrative Procedure Act for such notices of violation is unavailable until the agency further acts through formal enforcement.
Counsel of record
For petitioner
Oliver James Dunford
Pacific Legal Foundation
For respondent
D. John Sauer
Solicitor General
Proceedings
- May 19 2025Petition DENIED.
- May 12 2025DISTRIBUTED for Conference of 5/15/2025.
- Apr 28 2025DISTRIBUTED for Conference of 5/2/2025.
- Apr 28 2025Rescheduled.
- Apr 21 2025DISTRIBUTED for Conference of 4/25/2025.
- Apr 21 2025Rescheduled.
- Apr 15 2025Rescheduled.
- Mar 26 2025DISTRIBUTED for Conference of 4/17/2025.
- Mar 24 2025Reply of petitioner Jake's Fireworks, Inc. filed. (Distributed)
- Mar 10 2025Brief of respondents Consumer Product Safety Commission, et al. in opposition filed.
- Feb 06 2025Response Requested. (Due March 10, 2025)
- Jan 29 2025Brief amici curiae of The Buckeye Institute, et al. filed. (Distributed)
- Jan 22 2025DISTRIBUTED for Conference of 2/21/2025.
- Jan 17 2025Waiver of right of respondent Federal Respondents to respond filed.
- Dec 24 2024Petition for a writ of certiorari filed. (Response due January 29, 2025)
- Nov 01 2024Application (24A397) granted by The Chief Justice extending the time to file until December 24, 2024.
- Oct 21 2024Application (24A397) to extend the time to file a petition for a writ of certiorari from November 24, 2024 to December 24, 2024, submitted to The Chief Justice.