Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
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16-368 | D.C. Cir. | N/A | N/A | N/A | N/A | OT 2016 |
Issues: (1) Whether the U.S. Court of Appeals for the District of Columbia Circuit erred in refusing to apply the presumption that congress intends positive law to retain common law principles absent clear evidence to the contrary, United States v. Texas, and instead deferring under Auer v. Robbins to an agency's conclusion that its general regulations implicitly displace the common law; (2) whether the “general” Auer presumption that Congress intended deference to the agency applies when this court has recognized a specific countervailing presumption of congressional intent; and (3) whether Auer and Bowles v. Seminole Rock & Sand Co. should be overruled.
Date | Proceedings and Orders |
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Sep 22 2016 | Petition for a writ of certiorari filed. (Response due October 24, 2016) |
Oct 14 2016 | Waiver of right of respondents Sally Jewell, Secretary of the Interior, et al. to respond filed. |
Nov 7 2016 | DISTRIBUTED for Conference of November 22, 2016. |
Nov 22 2016 | Response Requested . (Due December 22, 2016) |
Dec 19 2016 | Order extending time to file response to petition to and including January 23, 2017. |
Jan 11 2017 | Order further extending time to file response to petition to and including February 10, 2017. |
Feb 10 2017 | Brief of Federal Respondents in opposition filed. |
Feb 24 2017 | Reply of petitioner Noble Energy, Inc. filed. |
Mar 1 2017 | DISTRIBUTED for Conference of March 17, 2017. |
Mar 20 2017 | Petition DENIED. |