No. 23-48

Indiana Municipal Power Agency, et al. v. United States

Lower Court: Federal Circuit
Docketed: 2023-07-17
Status: Denied
Type: Paid
Amici (2) Experienced Counsel
Tags: administrative-interpretation administrative-law contract contractual-intent government-contract government-obligations money-mandating money-mandating-statute payment-obligation sequestration statutory-interpretation
Key Terms:
ERISA JusticiabilityDoctri
Latest Conference: 2023-11-17
Question Presented (AI Summary)

Whether a payment obligation imposed by Congress on the federal government under a money-mandating statute and specifically exempted from later reduction can be reduced, without congressional repeal, by agencies based on administrative interpretations of later-enacted statutes that make no reference to the payment obligation contained in the earlier statute

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether a payment obligation imposed by Congress on the federal government under a moneymandating statute and specifically exempted from later reduction can be reduced, without congressional repeal, by agencies based on administrative interpretations of later-enacted statutes that make no reference to the payment obligation contained in the earlier statute. 2. Whether a statutory provision creates a contractual obligation when its language and the parties’ course of dealing reflect an intent to contract by the government.

Docket Entries

2023-11-20
Petition DENIED.
2023-11-01
DISTRIBUTED for Conference of 11/17/2023.
2023-11-01
Reply of petitioners Indiana Municipal Power Agency, et al. filed. (Distributed)
2023-10-16
Brief of respondent United States in opposition filed.
2023-09-06
Motion to extend the time to file a response is granted and the time is further extended to and including October 16, 2023.
2023-09-05
Motion to extend the time to file a response from September 15, 2023 to October 16, 2023, submitted to The Clerk.
2023-08-16
Brief amici curiae of International Municipal Lawyers Association, et al. filed.
2023-08-16
Brief amici curiae of American Public Power Association and Large Public Power Council filed.
2023-07-24
Motion to extend the time to file a response is granted and the time is extended to and including September 15, 2023.
2023-07-21
Motion to extend the time to file a response from August 16, 2023 to September 15, 2023, submitted to The Clerk.
2023-07-13
2023-05-10
Application (22A979) granted by The Chief Justice extending the time to file until July 13, 2023.
2023-05-05
Application (22A979) to extend the time to file a petition for a writ of certiorari from May 18, 2023 to July 13, 2023, submitted to The Chief Justice.

Attorneys

American Public Power Association and Large Public Power Council
John Carney Hayes Jr.Nixon Peabody LLP, Amicus
John Carney Hayes Jr.Nixon Peabody LLP, Amicus
Indiana Municipal Power Agency, et al.
David C. FrederickKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Petitioner
David C. FrederickKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Petitioner
International Municipal Lawyers Association, Government Finance Officers Association, et al.
Daniel G. SolomonHusch Blackwell LLP, Amicus
Daniel G. SolomonHusch Blackwell LLP, Amicus
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent