In previous years, the Court released ... (click to view)
Editor's Note :
In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.
American Road & Transportation Builders Association v. Environmental Protection Agency
Petition for certiorari denied on January 13, 2014
Issue: (1) Whether Section 307(b)(1) of the Clean Air Act allows petitioning for direct
review within sixty days of the denial of a petition under 5 U.S.C. § 553(e)
that presents after-arising issues; (2) whether Section 307(b)(1) prohibits indirect review of an
agency rule – outside the original sixty-day window – if
made as part of a timely challenge to new agency
action that applies the prior rule.