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24-1618·BLACK LUNG

Extra Energy, Incorporated v. DOWCP

Status
  1. Scheduled
  2. Argued (current)
  3. Opinion Issued
Question Presented

Whether the ALJ erred by deferring to 20 C.F.R. § 718.305(b)(2) after Loper Bright Enters. v. Raimondo, 603 U.S. 369 (2024); other issues.

Argument Date
December 11, 2025
Argument Time
9:30 a.m.
Panel
III
Courtroom
Blue Courtroom (Room 339)

Panel

Judge Niemeyer
Judge Wynn
Judge Benjamin

Citation

CaseExtra Energy, Incorporated v. DOWCP, No. 24-1618 (4th Cir. argued Dec. 11, 2025)
PanelNiemeyer, Wynn & Benjamin, JJ.

Arguing Counsel

Panel That Day

3 of 4 cases argued December 11, 2025 before this panel have been decided.

Authorship Outlook

With the 3 decided siblings already credited to Judge Niemeyer and Judge Wynn, the remaining opinion is most likely Judge Benjamin's — they wrote at least one opinion in 33 of their 53 prior multi-case days.

3 of the 4 opinions from this panel have been decided. Decided opinions have been authored by Judge Niemeyer and Judge Wynn.

This is a statistical guess based on prior sittings in this dataset, not a prediction of the ruling.

Predicted Opinion Release

Likely between November 9, 2026 and January 24, 2028, with January 24, 2027 the most likely date.

Argued 321 days ago. About 89% of comparable cases would have an opinion by now — this one is trending late.

■ ■ ■Calibrated from a deep history (22 prior subject cases + 4 prior panel cases)

80% predictive interval from a log-logistic accelerated-failure-time model fit on 2,134 prior decided cases plus 111 currently-pending cases as right-censored evidence. Updates as days pass with no opinion. How this is calculated →