D.C. Circuit Review – Reviewed: Deference Squared and Miscellany
Only two true admin law opinions among the D.C. Circuit’s six decisions last week, both involving FERC. In the first FERC case, N.Y. State Public Service Comm’n v. FERC, No. 23-1192, the agency survived a challenge to a flip-flop in agency positions by a 2-1 vote. The majority opinion, written by Judge Randolph, noted that […]