No. 24-784
Arch Resources, Inc., fka Arch Coal, et al. v. Douglas Pennington, Acting Director, Office of Workers' Compensation Programs, Department of Labor, et al.
Tags: administrative-law agency-action black-lung-benefits chenery-doctrine circuit-split judicial-review
Key Terms:
AdministrativeLaw Environmental DueProcess Securities
AdministrativeLaw Environmental DueProcess Securities
Latest Conference:
2025-09-29
(distributed 2 times)
Question Presented (AI Summary)
Did the Sixth Circuit err in not applying the SEC v. Chenery Corp. rule to Black Lung Benefits Act cases, contrary to other circuit court interpretations?
Question Presented (from Petition)
Did the Sixth Circuit err in not applying the rule from SEC v. Chenery Corp. , 318 U.S. 80 , 93 (1943), which requi res courts to evaluate agency action on “the grounds upon which the agency acted,” to cases arising under the Black Lung Benefits Act, in direct conflict with the Fourth and Seventh Circuit s?
Docket Entries
2025-10-06
Motion for attorneys' fees and expenses GRANTED. The Court approves the attorneys' fees of $24,915 and expenses of $2,282.05.
2025-08-20
Motion DISTRIBUTED for Conference of 9/29/2025.
2025-08-05
Motion for attorneys' fees and expenses filed by respondent Cynthia E. Howard.
2025-08-05
Respondent's Motion for Award of Attorneys' Fees & Expenses of Cynthia E. Howard, widow of David M. Howard submitted.
2025-05-27
Petition DENIED.
2025-05-06
DISTRIBUTED for Conference of 5/22/2025.
2025-04-29
Reply of petitioners Arch Resources, Inc., et al. filed.
2025-04-29
Reply of Arch Resources, Inc., , et al. submitted.
2025-04-16
Brief of United States of America in opposition submitted.
2025-04-16
Brief of respondent Cynthia E. Howard in opposition filed.
2025-04-16
Brief of respondent Cynthia E. Howard, widow of David M. Howard in opposition filed.
2025-04-16
Brief of respondent United States in opposition filed.
2025-04-16
Brief of Cynthia E. Howard, widow of David M. Howard in opposition submitted.
2025-03-20
Motion to extend the time to file a response is granted and the time is further extended to and including April 16, 2025, for all respondents.
2025-03-19
Motion to extend the time to file a response from March 26, 2025 to April 16, 2025, submitted to The Clerk.
2025-03-19
Motion of United States of America for an extension of time submitted.
2025-02-24
Brief amicus curiae of Milliman, Inc. filed.
2025-02-24
Brief amicus curiae of National Mining Association filed.
2025-02-24
Amicus brief of National Mining Association submitted.
2025-02-24
Amicus brief of Milliman, Inc. submitted.
2025-01-31
Motion to extend the time to file a response is granted and the time is extended to and including March 26, 2025, for all respondents.
2025-01-31
Motion to extend the time to file a response is granted and the time is extended to and including March 26, 2025.
2025-01-30
Motion to extend the time to file a response from February 24, 2025 to March 26, 2025, submitted to The Clerk.
2025-01-30
Motion of United States of America for an extension of time submitted.
2025-01-10
Petition for a writ of certiorari filed. (Response due February 24, 2025)
Attorneys
Arch Resources, Inc., , et al.
Dominic Emil Draye — Greenberg Traurig LLP, Petitioner
Dominic Emil Draye — Greenberg Traurig LLP, Petitioner
Cynthia E. Howard, widow of David M. Howard
Evan Barret Smith — AppalReD Legal Aid, Respondent
Evan Barret Smith — AppalReD Legal Aid, Respondent
Milliman, Inc.
National Mining Association
Daniel William Wolff — Crowell & Moring LLP, Amicus
Daniel William Wolff — Crowell & Moring LLP, Amicus
United States of America
D. John Sauer — Solicitor General, Respondent
D. John Sauer — Solicitor General, Respondent
Sarah M. Harris — Acting Solicitor General, Respondent