Scenic America, Inc. v. Department of Transportation
Petition for certiorari denied on October 16, 2017
Issue: (1) Whether deference under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. is owed to an interpretation of language prohibiting billboards that display "flashing," "intermittent" or "moving" lights, contained in agreements between the Federal Highway Administration and individual states, as announced in a guidance memorandum issued by the FHWA on September 25, 2007, or whether deference, if any, is owed under Skidmore v. Swift & Co.; and (2) whether the opinion of the U.S. Court of Appeals for the District of Columbia Circuit, which invoked Chevron and approved the FHWA's interpretation, conflicts with Chevron itself.
SCOTUSblog Coverage
- Court adds four new cases to merits docket (Amy Howe, October 16, 2017)
| Date | Proceedings and Orders |
|---|---|
| 12/05/2016 | Petition for a writ of certiorari filed. (Response due January 6, 2017) |
| 01/04/2017 | Waiver of right of respondents Department of Transportation; Anthony Fox, in his official capacity as Secretary of Transportation; Gregory G. Nadeau, in his official capacity as Acting Administrator of Federal Highway Administration; and Federal Highway Administration to respond filed. |
| 01/05/2017 | Waiver of right of respondent Outdoor Advertising Association of America, Inc. to respond filed. |
| 01/11/2017 | DISTRIBUTED for Conference of February 17, 2017. |
| 01/30/2017 | Response Requested. (Due March 1, 2017) |
| 02/23/2017 | Order extending time to file response to petition to and including March 31, 2017, for all respondents. |
| 03/28/2017 | Order further extending time to file response to petition to and including May 1, 2017, for all respondents. |
| 05/01/2017 | Brief of respondent Outdoor Advertising Association of America, Inc. in opposition filed. |
| 05/01/2017 | Brief of Federal Respondents in opposition filed. |
| 05/16/2017 | DISTRIBUTED for Conference of June 1, 2017. |
| 05/30/2017 | Reply Requested. (Due June 13, 2017) |
| 06/09/2017 | Reply of petitioner Scenic America, Inc. filed. |
| 06/14/2017 | DISTRIBUTED for Conference of September 25, 2017. |
| 10/02/2017 | DISTRIBUTED for Conference of 10/6/2017. |
| 10/10/2017 | DISTRIBUTED for Conference of 10/13/2017. |
| 10/16/2017 | Petition DENIED. Statement of Justice Gorsuch, with whom The Chief Justice and Justice Alito join, respecting the denial of certiorari. (Detached Opinion). |