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Courts reviewing agency decisions

Apogee Coal v. Director

Updated Nov 12, 2026

In brief

Where it stands
Petition Pending

Awaiting an order on the petition

No decision timeline until the Court agrees to hear the case.

What it’s about
Arch Resources and its former subsidiaries Apogee Coal and Arch of Kentucky have asked the Supreme Court to review a Sixth Circuit ruling in a Black Lung Benefits Act case about whether a court may uphold an agency’s liability decision using regulations the agency did not cite.
What's at stake
The dispute concerns liability for the coal companies under the Black Lung Benefits Act, but the Supreme Court has not agreed to review it.

Summary: written with AI from the case record.

What it's about

Their petition says the Fourth and Seventh Circuits reached the opposite conclusion.

The case arises under the federal Black Lung Benefits Act.

Question presented

do Chenery and the party-presentation principle preclude a circuit court from affirming an agency’s assignment of liability based on regulatory provisions that an agency never identified while performing a quasi-judicial function?

What happens next

The Court’s next step is to decide whether to hear the petition. No oral argument or decision date is scheduled.

Documents

1

Docket activity

5
  • New analysis added

    Nov 12, 2026 · Court records

  • AI analysis generated: Case Briefing

    Nov 12, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Nov 12, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Nov 12, 2026 · Court records

  • Brief added: Petition

    Oct 22, 2026 · Court records

More questions

1
Why do the companies say the Supreme Court should hear the case?
They say the Sixth Circuit reached a different conclusion from the Fourth and Seventh Circuits.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Nov 12, 2026Methodology

Court records and filings

Reporting and analysis