The D.C. Circuit issued only one opinion last week, in a criminal case. The motions panel has been busy in December, however. As has been fairly common, the D.C. Circuit issued two administrative stays to give itself time to resolve two motions. (For a useful overview of administrative stays, see Rachel Bayefsky, Administrative Stays: Power […]

The D.C. Circuit issued no opinions last week. There was one late October order to note, however—declining a stay pending appeal sought by the FTC. The case is Media Matters for America v. FTC, No. 25-5302, in which Media Matters sued to quash a civil investigative demand issued by the FTC, arguing that it was […]

Last week, the D.C. Circuit’s motions docket stayed busy with another removal case, this time related to the President’s attempt to remove “for cause” Lisa Cook from her position as a member of the Federal Reserve’s Board of Governors. The district court preliminarily enjoined Cook’s removal after finding that she is likely to succeed on […]

The D.C. Circuit issued seven opinions last week, but most of them were not administrative law cases. They addressed international arbitration (disclosure: I represented amici in support of appellees in that case); constitutional claims related to reincarceration following a mistaken release; fraud claims against federal employees; the False Claims Act; and whistleblower awards for reports […]

The D.C. Circuit issued eight opinions last week, so perhaps the rush to finish up opinions over the summer has begun. Two of the perhaps more newsworthy decisions were not in traditional admin law cases, but I’ll mention them nonetheless. In N.S. v. Dixon, No. 21-5275, the D.C. Circuit affirmed the district court’s holding that […]

Lots of important arguments last week, including in the cases related to the removals of board members from the NLRB and the Merit Systems Protection Board and the CFPB. On the opinion side, the week was less headline-worthy, but still relevant for those interested in the interaction between administrative and judicial remedies. The opinion in […]

As Judge Griffith covered last week, the motions panel at the D.C. Circuit has remained busy of late. It appears this month will be no exception. Last week, the D.C. Circuit administratively stayed much of the district court’s preliminary injunction in National Treasury Employees Union v. Vought, No. 25-5091, which had prevented the government from […]

Only one opinion from the D.C. Circuit last week, in Jones Lang LaSalle Americas, Inc. v. NLRB, No. 24-1079, so this will be quick. It’s a straightforward application of a narrow standard of review (substantial evidence/arbitrary and capricious). The company raised two issues about a representation election: the Board Agent (1) briefly left the ballot […]

Two admin law (or adjacent) opinions, in both old and new cases, last week. The new case is Citizens Action Coalition of Indiana v. FERC, No. 23-1046, which began somewhat lyrically for a FERC case: “As night follows day, an environmental challenge follows the approval of a natural gas pipeline.” In short, the court rejected […]

Unsurprisingly, the D.C. Circuit did not issue any opinions last week (Thanksgiving week). Indeed, the whole month of November was light on opinions, with only two issued, though both were important cases. One was about the power of FINRA (and, by extension, other private regulatory entities), though as my fellow D.C. Circuit Review blogger described, […]

The D.C. Circuit issued only one opinion this week, and it wasn’t about admin law. (It’s about the exceptions to the “three strikes” rule under the Prison Litigation Reform Act, which bars prisoners from proceeding in forma pauperis if they have filed three frivolous lawsuits). So there isn’t much to report! The Court did hear […]

Like all who follow admin law or the D.C. Circuit to any degree, my colleagues here at D.C. Circuit Review have been keeping track of decisions illustrating the Circuit’s emerging approach to Loper Bright. Last week offers two more examples to consider, which were also the only two admin law decisions from the week, and […]

As Judge Griffith noted, it’s peak opinion-issuing season at the D.C. Circuit. The court issued 15 opinions last week, about 10 of which fall into the “admin law” category. So the recaps will necessarily be brief! Perhaps the most noteworthy decision came in Amazon Services LLC v. U.S. Dep’t of Agriculture, No. 22-1052, where the […]

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 […]

Not much of a unifying theme in the past week’s D.C. Circuit decisions. The most significant decision was likely Farhy v. Commissioner of Internal Revenue, No. 23-1179, where the court (Judge Pillard writing) held that the IRS can assess and administratively collect penalties for failure to file information returns regarding ownership of foreign businesses. The […]