Posted Thu, May 3rd, 2012 2:56 pm
Petitions of the day
The petitions of the day are:
Florida v. Georgia
Docket: 11-999
Issue(s): Whether the Army Corps of Engineers
must comply with the explicit statutory limit in the
Water Supply Act of 1958 that requires Congressional approval before the
Corps undertakes a major reallocation of federal
reservoir storage to provide local water supply.
Certiorari stage documents:
Alabama v. Georgia
Docket: 11-1006
Issue(s): Whether, under step one of this Court’s Chevron
analysis, in determining whether Congress has “directly spoken to the precise question at issue” – thereby foreclosing an agency’s discretion to interpret a statute it administers – a court may base its conclusion on what it considers to be the best construction of ambiguous language.
Certiorari stage documents:
Southeastern Federal Power Customers, Inc. v. Georgia
Docket: 11-1007
Issue(s): (1) Whether Article III of the United States Constitution permits an appellate court independently to adjust resource allocations for a federal multipurpose water project based in part on United States Army Corps of Engineers (“Corps”) reports that were never presented to Congress rather than solely on the Corps reports upon which Congress originally relied to authorize and allocate resources for the project.
(2) Whether the Eleventh Circuit’s ruling is inconsistent with the Due Process Clause of the Fifth Amendment and the Administrative Procedure Act because it makes judicial review of agency actions unavailable indefinitely, including review of water storage allocations made over a 40 year period, if the agency labeled the actions as “interim” and has not sought to evade judicial review.
(3) Whether the Eleventh Circuit created an irreconcilable conflict with the D.C. Circuit by disregarding a directly relevant and fundamentally inconsistent ruling by the D.C. Circuit in the same underlying cases.
Certiorari stage documents:
Recommended Citation: Matthew Bush, Petitions of the day, SCOTUSblog (May. 3, 2012, 2:56 PM), http://www.scotusblog.com/2012/05/144241/
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