No. 18-743

White Oak Realty, LLC, et al. v. Army Corps of Engineers, et al.

Lower Court: Fifth Circuit
Docketed: 2018-12-11
Status: Denied
Type: Paid
Response Waived
Tags: agency-action agency-authority chevron-deference congressional-authority federal-contracts property-rights public-projects regulatory-authority statutory-interpretation unconstitutional-conditions
Latest Conference: 2019-02-15
Question Presented (from Petition)

1. Where a statute directs an agency to carry out
and pay for a federal project for public benefit
without granting express authority to regulate
private parties, may agency action shifting
project costs onto private parties be upheld by
application of Cheuron deference?

2. Does the unconstitutional conditions doctrine
to protect private property rights apply in the
context of federal government contracts and
subcontracts?

Question Presented (AI Summary)

Where a statute directs an agency to carry out and pay for a federal project for public benefit without granting express authority to regulate private parties, may agency action shifting project costs onto private parties be upheld by application of Chevron deference?

Docket Entries

2019-02-19
Petition DENIED.
2019-01-23
DISTRIBUTED for Conference of 2/15/2019.
2019-01-10
Waiver of right of respondent United States Army Corps of Engineers, et al. to respond filed.
2018-12-10
Petition for a writ of certiorari filed. (Response due January 10, 2019)

Attorneys

United States Army Corps of Engineers, et al.
Noel J. FranciscoSolicitor General, Respondent
White Oak Realty, LLC, et al.
William Pinkney Herbert CaryBrooks Pierce McLendon Humphrey & Leonard, LLP, Petitioner