Scenic America, Inc. v. Department of Transportation

Petition for certiorari denied on October 16, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-739 D.C. Cir. N/A N/A N/A N/A OT 2017

Issues: (1) Whether deference under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. is owed to an interpretation of language prohibiting billboards that display “flashing,” “intermittent,” or “moving” lights, contained in agreements between the Federal Highway Administration and individual states, as announced in a guidance memorandum issued by the FHWA on September 25, 2007, or whether deference, if any, is owed under Skidmore v. Swift & Co.; and (2) whether the opinion of the U.S. Court of Appeals for the District of Columbia Circuit, which invoked Chevron and approved the FHWA's interpretation, conflicts with Chevron itself.

SCOTUSblog Coverage

DateProceedings and Orders
Dec 05 2016Petition for a writ of certiorari filed. (Response due January 6, 2017)
Jan 04 2017Waiver of right of respondents Department of Transportation; Anthony Fox, in his official capacity as Secretary of Transportation; Gregory G. Nadeau, in his official capacity as Acting Administrator of Federal Highway Administration; and Federal Highway Administration to respond filed.
Jan 05 2017Waiver of right of respondent Outdoor Advertising Association of America, Inc. to respond filed.
Jan 11 2017DISTRIBUTED for Conference of February 17, 2017.
Jan 30 2017Response Requested. (Due March 1, 2017)
Feb 23 2017Order extending time to file response to petition to and including March 31, 2017, for all respondents.
Mar 28 2017Order further extending time to file response to petition to and including May 1, 2017, for all respondents.
May 01 2017Brief of respondent Outdoor Advertising Association of America, Inc. in opposition filed.
May 01 2017Brief of Federal Respondents in opposition filed.
May 16 2017DISTRIBUTED for Conference of June 1, 2017.
May 30 2017Reply Requested. (Due June 13, 2017)
Jun 09 2017Reply of petitioner Scenic America, Inc. filed.
Jun 14 2017DISTRIBUTED for Conference of September 25, 2017.
Oct 02 2017DISTRIBUTED for Conference of 10/6/2017.
Oct 10 2017DISTRIBUTED for Conference of 10/13/2017.
Oct 16 2017Petition DENIED. Statement of Justice Gorsuch, with whom The Chief Justice and Justice Alito join, respecting the denial of certiorari. (Detached Opinion).
 
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