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Arch Resources, Inc., fka Arch Coal, et al. v. Douglas Pennington, Acting Director, Office of Workers' Compensation Programs, Department of Labor, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 23-3332 · judgment August 5, 2024
Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a Sixth Circuit decision below.
Question presented
Did the Sixth Circuit err in not applying the rule from SEC v. Chenery Corp., 318 U.S. 80, 93 (1943), which requires courts to evaluate agency action on “the grounds upon which the agency acted,” to cases arising under the Black Lung Benefits Act, in direct conflict with the Fourth and Seventh Circuits?
Counsel of record
For petitioner
Dominic Emil Draye
Greenberg Traurig LLP
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
2 cert-stage
Proceedings
- Oct 06 2025Motion for attorneys' fees and expenses GRANTED. The Court approves the attorneys' fees of $24,915 and expenses of $2,282.05.
- Aug 20 2025Motion DISTRIBUTED for Conference of 9/29/2025.
- Aug 05 2025Motion for attorneys' fees and expenses filed by respondent Cynthia E. Howard.
- May 27 2025Petition DENIED.
- May 06 2025DISTRIBUTED for Conference of 5/22/2025.
- Apr 29 2025Reply of petitioners Arch Resources, Inc., et al. filed.
- Apr 16 2025Brief of respondent United States in opposition filed.
- Apr 16 2025Brief of respondent Cynthia E. Howard in opposition filed.
- Mar 20 2025Motion to extend the time to file a response is granted and the time is further extended to and including April 16, 2025, for all respondents.
- Mar 19 2025Motion to extend the time to file a response from March 26, 2025 to April 16, 2025, submitted to The Clerk.
- Feb 24 2025Brief amicus curiae of National Mining Association filed.
- Feb 24 2025Brief amicus curiae of Milliman, Inc. filed.
- Jan 31 2025Motion to extend the time to file a response is granted and the time is extended to and including March 26, 2025, for all respondents.
- Jan 30 2025Motion to extend the time to file a response from February 24, 2025 to March 26, 2025, submitted to The Clerk.
- Jan 10 2025Petition for a writ of certiorari filed. (Response due February 24, 2025)