No. 22-256

Cletus Woodrow Bohon, et al. v. Federal Energy Regulatory Commission, et al.

Lower Court: District of Columbia
Docketed: 2022-09-19
Status: GVR
Type: Paid
Amici (1)Relisted (2)
Tags: delegation district-court eminent-domain ferc non-delegation private-parties
Key Terms:
SocialSecurity Takings Securities JusticiabilityDoctri
Latest Conference: 2023-04-21 (distributed 2 times)
Question Presented (AI Summary)

Whether a facial challenge to Congress's delegation of eminent domain power to private parties is properly filed in district court

Question Presented (from Petition)

QUESTIONS PRESENTED Whether a_ facial challenge to Congress’s delegation of eminent domain power to private parties is properly filed in district court, as this Court held in PennEast Pipeline Co. v. New Jersey, 141 8. Ct. 2244 (2021), or with FERC, which has admitted it has no jurisdiction to adjudicate the constitutionality of this delegation. Whether a facial challenge to Congress’s overly broad delegation of legislative power to FERC is properly filed in district court or with FERC, which has admitted it has no jurisdiction to adjudicate the constitutionality of this delegation. Whether a_ facial challenge to Congress’s delegation of eminent domain power to FERC is properly filed in district court or with FERC, which has admitted it has no jurisdiction to adjudicate the constitutionality of this delegation.

Docket Entries

2023-05-26
Judgment issued.
2023-04-24
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Axon Enterprise, Inc.</i> v. <i>FTC</i>, 598 U. S. ___ (2023).
2023-04-19
Supplemental brief of respondent Mountain Valley Pipeline, LLC filed. (Distributed)
2023-04-18
Supplemental brief of respondents Federal Energy Regulatory Commission, et al. filed. (Distributed)
2023-04-17
Supplemental brief of petitioners Cletus Woodrow Bohon, et al. filed. (Distributed)
2023-04-17
DISTRIBUTED for Conference of 4/21/2023.
2022-12-08
Response to motion from respondent Mountain Valley Pipeline, LLC filed. (Distributed)
2022-12-07
DISTRIBUTED for Conference of 1/6/2023.
2022-12-02
2022-12-02
Motion to defer consideration of the petition for a writ of certiorari filed by petitioners.
2022-11-18
Brief of respondent Mountain Valley Pipeline, LLC in opposition filed.
2022-11-18
Brief of respondent Federal Energy Regulatory Commission in opposition filed.
2022-10-14
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
2022-10-07
Blanket Consent filed by Petitioner, Cletus Woodrow Bohon, et al.
2022-09-27
Motion of Mountain Valley Pipeline, LLC to extend the time to file a response is granted and the time is extended to and including November 18, 2022.
2022-09-26
Motion of Mountain Valley Pipeline, LLC to extend the time to file a response from October 19, 2022 to November 18, 2022, submitted to The Clerk.
2022-09-23
Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2022.
2022-09-21
Motion to extend the time to file a response from October 19, 2022 to November 18, 2022, submitted to The Clerk.
2022-09-15

Attorneys

Center for Constitutional Jurisprudence
Anthony Thomas CasoConstitutional Counsel Group, Amicus
Anthony Thomas CasoConstitutional Counsel Group, Amicus
Cletus Woodrow Bohon, et al.
Sydney Paige Phillips — Petitioner
Sydney Paige Phillips — Petitioner
Federal Energy Regulatory Commission
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Mountain Valley Pipeline, LLC
Jeremy Charles MarwellVinson & Elkins LLP, Respondent
Jeremy Charles MarwellVinson & Elkins LLP, Respondent