No. 18-561

Orus Ashby Berkley, et al. v. Federal Energy Regulatory Commission, et al.

Lower Court: Fourth Circuit
Docketed: 2018-10-30
Status: Denied
Type: Paid
Amici (1)
Tags: 15-usc-717r administrative-review administrative-review-scheme agency-action agency-order congressional-delegation constitutional-challenge delegation-of-power district-court district-court-jurisdiction non-delegation-doctrine separation-of-powers
Key Terms:
Takings DueProcess Securities JusticiabilityDoctri
Latest Conference: 2019-01-18
Question Presented (AI Summary)

Is a delegation of Congressional power an 'agency order' or 'agency action' such that a party wishing to challenge that delegation must file that challenge with the agency under the administrative-review-scheme-of-15-usc-717r, or is the proper-forum-for-constitutional-challenges the-district-court?

Question Presented (from Petition)

QUESTIONS PRESENTED I. Is a delegation of Congressional power an “agency order” or “agency action” such that a party wishing to challenge that delegation must file that challenge with the agency under the administrative review scheme of 15 U.S.C. § 717r, or is the proper forum for constitutional challenges the district court? II. Is an administrative agency’s test for determining “public use” for purposes of eminent domain an “agency order” such that a party wishing to challenge that test as unconstitutional must file that challenge with the agency and adhere to its administrative review scheme, or is the proper forum for constitutional challenges the district court?

Docket Entries

2019-01-22
Petition DENIED.
2019-01-02
DISTRIBUTED for Conference of 1/18/2019.
2018-12-26
Reply of petitioners Orus Ashby Berkley, et al. filed.
2018-12-19
Brief of respondent Federal Energy Regulatory Commission in opposition filed.
2018-12-19
Brief of respondent Mountain Valley Pipeline, LLC in opposition filed.
2018-12-11
Application (18A599) denied by The Chief Justice.
2018-12-06
Application (18A599) for reconsideration of Clerk's action extending the time to file a response to the petition for a writ of certiorari, submitted to The Chief Justice.
2018-11-30
The motions to extend the time to file responses are granted in part; the time is extended to and including December 19, 2018, for all respondents.
2018-11-29
Brief amicus curiae of The Rutherford Institute filed.
2018-11-28
Response to motion from petitioner Orus Ashby Berkley, et al. filed.
2018-11-27
Motion to extend the time to file a response from November 29, 2018 to December 31, 2018, submitted to The Clerk.
2018-10-23
Petition for a writ of certiorari filed. (Response due November 29, 2018)

Attorneys

Federal Energy Regulatory Commission
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Mountain Valley Pipeline, LLC
Wade Wallihan MassiePenn, Stuart, et al., Respondent
Wade Wallihan MassiePenn, Stuart, et al., Respondent
Orus Ashby Berkley, et al.
Guy M. Harbert IIIGENTRY LOCKE, Petitioner
Guy M. Harbert IIIGENTRY LOCKE, Petitioner
The Rutherford Institute
John W. WhiteheadThe Rutherford Institute, Amicus
John W. WhiteheadThe Rutherford Institute, Amicus