Breaking News

Noble Energy, Inc. v. Haugrud

Petition for certiorari denied on March 20, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-368 D.C. Cir. N/A N/A N/A N/A OT 2016

Issues: (1) Whether the U.S. Court of Appeals for the District of Columbia Circuit erred in refusing to apply the presumption that congress intends positive law to retain common law principles absent clear evidence to the contrary, United States v. Texas, and instead deferring under Auer v. Robbins to an agency's conclusion that its general regulations implicitly displace the common law; (2) whether the “general” Auer presumption that Congress intended deference to the agency applies when this court has recognized a specific countervailing presumption of congressional intent; and (3) whether Auer and Bowles v. Seminole Rock & Sand Co. should be overruled.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 22 2016Petition for a writ of certiorari filed. (Response due October 24, 2016)
Oct 14 2016Waiver of right of respondents Sally Jewell, Secretary of the Interior, et al. to respond filed.
Nov 7 2016DISTRIBUTED for Conference of November 22, 2016.
Nov 22 2016Response Requested . (Due December 22, 2016)
Dec 19 2016Order extending time to file response to petition to and including January 23, 2017.
Jan 11 2017Order further extending time to file response to petition to and including February 10, 2017.
Feb 10 2017Brief of Federal Respondents in opposition filed.
Feb 24 2017Reply of petitioner Noble Energy, Inc. filed.
Mar 1 2017DISTRIBUTED for Conference of March 17, 2017.
Mar 20 2017Petition DENIED.